Offence Elements Flashcards

(20 cards)

1
Q

Wilful Damage (3)

A

Intentionally- A deliberate act, without law justification, excuse or claim of right. OR A reckless act where the possible consequences are foreseen but continues the act regardless of the risk, without lawful justification, excuse or claim of right.

Damages- Temporary or permanent reduction in value and/or usefulness of the property.

Property- Something that belongs to another person and is capable of being damaged.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Assault (2)

A

Assaults- Act of intentionally applying or attempting to apply force to another person, directly or indirectly OR threatening by any act or gesture to apply such force to another person. If the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.

Another person-

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Burglary (4)

A

Enters-

Any Building OR Ship OR Any part of a building OR Any part of a ship-

Without authority- No permission OR Entry is gained by use of a threat or artifice.

Within intent to commit an imprisonable offence in the building.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Being found on property (4)

A

Found

Without reasonable excuse

In OR On

Any building OR Aircraft etc

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Theft (5)

A

Dishonestly- Consent or authority

Without claim of right- No belief in right to own

Takes- Physically moves

Any property- Belongs to someone and has value

With intent to deprive any owner permanently of that property-

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Robbery (4)

A

Theft

Accompanied by violence OR Accompanied by threats of violence

To any person OR To any property

Used to extort the property stolen OR To prevent or overcome resistance to the property being stolen.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Receiving (3)

A

Receives- Either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in its concealment or disposal.

Any property stolen OR Any property obtained by any other imprisonable offence.

Knowing that property to have been stolen or so obtained OR Being reckless as to whether the property had been stolen or so obtained.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Unlawfully takes vehicle (6)

A

Dishonestly-

Without claim of right

But not so as to be guilty of theft

Takes

For his or her own purposes OR For another person’s purposes

Any vehicle OR Any part of any vehicle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Unlawfully interferes with vehicle (4)

A

Dishonestly

Without claim of right

Interferes with

Any vehicle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Unlawfully getting into OR upon (4)

A

Dishonestly

Without claim of right

Gets into OR Gets upon

Any vehicle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Fighting in a public place (2)

A

Fights

In a public place

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Offensive behaviour OR Disorderly behaviour (2)

A

In a public OR Within view of a public place

Behaves in an offensive manner- Behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order.
OR
Behaves in a disorderly manner- Behaves in a seriously disruptive manner that causes a disturbance to public order.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Resisting Police (2)

A

Resists- Requires some degree of force by the suspect
OR
Incites or encourages any other person to resist.

Any constable OR AO acting in the execution of their duty.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Obstructing police (2)

A

Intentionally obstructs OR Incites or encourages any other person to obstruct.

Any constable or AO acting in the execution of their duty.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Trespass after warning to leave (4)

A

Trespasses

On any place

After being warned to leave that place by an occupier of that place

Neglects or refuses to do so

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Trespass after previous warnings (3)

A

Being a person who has been warned under Section 4 to stay off any place

Wilfully trespasses on that place

Within two years

17
Q

Unlawful carriage OR possession (3)

A

Except for some lawful, proper and sufficient purpose

Carries OR Is in possession of

Firearm OR Airgun OR Pistol OR Prohibited magazine OR Restricted weapon OR Explosives

18
Q

Carrying an imitation firearm (3)

A

Except for some lawful, proper and sufficient purpose

Carries

An imitation firearm.

19
Q

Presenting a firearm (4)

A

Except for some lawful, proper and sufficient purpose

Presents

Firearm OR Airgun OR Pistol OR Restricted weapon

At any other person

20
Q

Presenting anything (5)

A

Except for some lawful and sufficient purpose

Presents

At any other person

Anything

In the circumstances is likely to lead that person to believe that is a Firearm OR