Elements Review

Question 1

Assault with a weapon

Answer 1

• Assaults
• Another person
• Using a weapon

OR

• Assaults
• Another person
• Having anything with him or her in circumstances that
  prima facie show an intention to use it as a weapon.

Question 2

Theft by taking

Answer 2

• Dishonestly
• Without claim of right
• Takes
• Any property
• With intent to deprive the owner of that property

Question 3

Theft by using

Answer 3

• Dishonestly
• Without claim of right
• Uses
• Any property
• With intent to deprive the owner of that
  property OR interest in that property
• After obtaining possession or control of the property

Question 4

Burglary

Answer 4

• Enters
• Any building
• Without authority
• With intent to commit and imprisonable offence

Question 5

Robbery

Answer 5

• Theft
• Accompanied by violence or threats of violence
• To any person or property
• Used to extort that property stolen or prevent or overcome resistance to that property being stolen

Question 6

Receiving

Answer 6

• Receives
• Any property stolen or obtained by any other imprisonable offence
• With knowledge or being reckless in knowledge that property is so obtained

Question 7

Unlawfully takes/uses vehicle

Answer 7

• Dishonestly
• Without claim of right
• But not so as to be guilty of theft
• Takes/Uses
• For his/her own purpose
• Any vehicle

Question 8

Interferes

Answer 8

• Dishonestly
• Without claim of right
• Interferes with
• Any vehicle

Question 9

Unlawfully gets into or upon

Answer 9

• Dishonestly
• Without claim of right
• Gets into or upon
• Any vehicle

Question 10

Possession of instruments

Answer 10

• Without lawful authority or excuse
• Has in their possession
• Any instrument capable of taking or converting
• Any vehicle
• With intent to use for such a purpose

Question 11

Wilful Damage

Answer 11

• Intentionally
• Damages
• Any property

OR

• Intentionally
• Sets fire to
• Any tree or vegetation

Question 12

Graffiti, Vandalism or Tagging

Answer 12

• Without lawful authority
• Without consent from the occupier OR the owner OR the person in lawful control
• Damages or defaces
• Any building OR…
• By writing, drawing, painting, spraying, etching, or
  otherwise marking it 

Question 13

Offensive or Disorderly behaviour

Answer 13

• In a public place or in view of a public place

- Behaves in a offensive/disorderly manner

Question 14

Resisting Police

Answer 14

• Resists OR incites OR encourages anyone to resist

- Any constable acting in execution of their duties

Question 15

Obstructing Police

Answer 15

• Intentionally obstructs, incites OR encourages anyone to obstruct
• Any constable acting in execution of their duties

Question 16

Trespass after warning to leave

Answer 16

• Trespasses
• On any place
• After being warned to leave that place by the occupier
• Neglects or refuses to do so

Question 17

Trespass after previous warning to leave

Answer 17

• Being a person who has been warned previously under
  Section 4 to stay off any place
• Wilfully trespasses on that place
• Within 2 years

Question 18

Being found on property without reasonable cause
(building or vehicle)
(enclosed yard or area)

Answer 18

• Found
• Without reasonable excuse
• In or on
• Any building or any vehicle/ Any enclosed yard or area

Question 19

Aggravated Burglary

Answer 19

• While committing burglary
• Has a weapon with him/her OR uses a weapon

OR

• Having committed burglary has a weapon with him/her OR uses anything as a weapon
• While still in the building