Offences

Question 1

Types of Elements

Answer 1

• Person
• Men’s Rea
• Location
• Actus Reus
• Thing
• Property

Question 2

Actus Reus

Answer 2

the physical actions the suspect takes to carry out the offence

Question 3

Men’s Rea (guilty mind)

Answer 3

what the suspect intended to do and/or what they knew at the time

Question 4

Person

Answer 4

some offences involve another person having an action done against them

Question 5

Property

Answer 5

some offences involve something happening to the property of another person

Question 6

Location

Answer 6

some offences can only occur in a particular location

some actions are only illegal in public places

Question 7

Thing

Answer 7

some offences involve the use or possession of a thing

Question 8

Suspect ID

Answer 8

proving the person who committed the offence and the person who is arrested/charged are the same person

Question 9

Assault
Crimes Act 1961, Section 196
1 year imprisonment
OR
Summary Offences Act 1981, Section 9
6 months imprisonment / $4000 fine

Answer 9

Assaults
- acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly OR

• threatening by any act or gesture to apply such force to the person of another, 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
- it must be another person other than the suspect

Question 10

Wilful Damage
Summary Offences Act 1981, Section 11(1)(a)
3 months imprisonment / $2000 fine

Answer 10

Intentionally
- a deliberate act, without lawful justification, excuse or claim of right OR

• a reckless act (where the consequences are foreseeable but continues the act regardless), without lawful justification, excuse or claim of right
  __________
  Damages
• temporary or permanent reduction in the value and/or usefulness of the property
  __________
  Property
• something the belongs to another person and is capable of being damaged

Question 11

Burglary
Crimes Act 1961, Section 231(1)(a)
10 years imprisonment

Answer 11

Enters
- entry is complete as soon as any part of the body of the person or any part of any instrument used by the person, is within the building or ship
__________
Any building
- any building or structure of any description whether permanent of temporary

OR Any ship
- any vessel used in navigation, however propelled

OR Any part of a building
- part of any building or structure of any description, whether permanent or temporary

OR Any part of a ship
- part of any vessel used in navigation, however propelled
__________
Without authority
- an absence of authority, either expressed or implied, from a person the defendant believes is legally able to give concent OR

• when entry is gained by use of a threat or artifice
  __________
  With intent to commit an imprisonable offence in the building
• there must be an intention to commit an impressionable offence in the building OR

With intent to commit an imprisonable offence in a ship
- there must be an intention to commit an imprisonable offence in the ship

Question 12

Being found on property without reasonable excuse (Building/Transport)
Summary Offences Act 1981, Section 29(1)(a) or 29(1)(c)
3 months imprisonment / $2000 fine

Answer 12

Found
- to be seen
- to be discovered
- to be come upon
__________
Without reasonable excuse
- without reasonable excuse
__________
In OR On
- physically inside of
- physically on
__________
Any building
- a structure with a roof and walls

OR Any aircraft
- Any machine capable of flight

OR Any hovercraft
- a vehicle or craft that travel over land or water on a cushion of air provided by a downward blast

OR Any ship, ferry or other vessel
- any boat or ship for transporting people or goods by sea

OR Any train
- a series of connected railway carriages or wagons moved by a locomotive

OR Any vehicle
- a thing used for transporting people or goods, especially on land

Question 13

Being found on property without reasonable excuse (Enclosed yard or area)
Summary Offences Act 1981, Section 29(1)(b)
3 months imprisonment / $2000 fine

Answer 13

Found
- to be seen
- to be discovered
- to be come upon
__________
Without reasonable excuse
- without reasonable excuse
__________
In
- physically inside of
__________
Any enclosed yard or other such area
- an enclosed yard, garden or area, appurtenant to a building

Question 14

Theft
Crimes Act, Section 219(1)(a) & 223(b) or 223(c) or 223(d)

Answer 14

Dishonestly
- without a belief that there was consent or authority from the owner
__________
Without claim of right
- no belief in a right to own or possess the property
__________
Takes
- physically moves the property
__________
Any property
- anything whatsoever, whether tangible or intangible, that is the property of any person and has value
__________
With intent to deprive any owner permanently of that property
- an intent to deprive the owner permanently of the property OR

• deal with the property in a manner so that it cannot be restore to its original condition

Question 15

Robbery
Crimes Act 1961, Section 224(1) & (2)
10 years imprisonment

Answer 15

Theft
- the theft must be complete to the point where possession of the property is obtained by the suspect

been before or at the time of the theft**, demonstrated by conduct or words
__________
Accompanied by violence
- **violence before or after the time of the theft

OR Accompanied by threats of violence
- threat of violence before or at the time of the of the threat, demonstrated by conduct or words
__________
To any person
- the person who has been threatened with violence OR
- the person who had violence used against them

OR To any property
- the property that has been threatened with violence OR
- the property that had violence used against it
__________
Used to extort the property stolen
- the violence or threats used by the suspect are sufficient to cause the person to hand over the property against their will

OR To prevent or overcome resistance to the property being stolen
- the property is taken by the suspect after any resistance to its taking has been prevented or overcome

Question 16

Receiving stolen property
Crimes Act 1961, Section 246 & 247(a) or 247(b) or 247(c)

Answer 16

Receives
- either exclusively or jointly with the thief of any other person has possession or control over anything unlawfully obtained or helps in its concealment or disposal
__________
Any property stolen
- anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been stolen

OR Any property obtained by any other imprisonable offence
- anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been obtained by an imprisonable offence other than theft
__________
Knowing that property to have been stolen or so obtained
- believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence

OR Being reckless as to whether the property had been stolen or so obtained
- received the property, despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence

Question 17

Unlawfully takes vehicle
Crimes Act 1961, Section 226(1)(a) or (b) or (c)
7 years imprisonment

Answer 17

Dishonestly
- without a belief that there was consent or authority from the owner
__________
Without claim of right
- no belief in a right to own or possess the property
__________
But not so as to be guilty of theft
- unable to prove an intention to permanently deprive the owner
__________
Takes
- physically moves the property
__________
For his or her own purposes
- for **any person’ purpose*

OR for another person’s purposes
__________
Any vehicle
- any type of vehicle

OR Any ship
- any vessel used in navigation, however propelled

OR any aircraft
- any machine that can derive support in the atmosphere from the reaction of the air

OR *any part of any vehicle, ship or aircraft**
- any part removed from (use relevant definitions as previously stated)

OR Any horse
- any type of horse

Question 18

Unlawfully interferes with
Crimes Act 1961, Section 226(2)
2 years imprisonment

Answer 18

Dishonestly
- without a belief that there was consent or authority from the owner
__________
Without claim of right
- no belief in a right to own or possess the property
__________
Interferes with
- touches or deals with in any way
__________
Any vehicle
- any type of vehicle

OR Any ship
- any vessel used in navigation, however propelled

OR Any aircraft
- any machine that can derive support in the atmosphere from the reaction of the air

Question 19

Unlawfully getting into OR upon
Crimes Act 1961, Section 226(2)
2 years imprisonment

Answer 19

Dishonestly
- without a belief that there was consent or authority from the owner
__________
Without claim of right
- no belief in a right to own or possess the property
__________
Gets into
OR Gets upon
- Physically gets into OR
- Physically gets upon
__________
Any vehicle
- any type of vehicle

OR Any ship
- any vessel used in navigation, however propelled. Large or small

OR Any aircraft
- any machine that can derive support in the atmosphere from the reaction of air

Question 20

Artifice (Burglary)

Answer 20

• tricking or deceiving someone into allowing you to enter
• scamming your way into the building/ship

Question 21

Guilty Knowledge (Receiving)

Answer 21

Guilty knowledge on the part of the receiver is an essential element for the receiving

May be proved by:
- direct evidence (admissions or evidence given by the actual thief)
- circumstantial evidence (purchasing on gross under value, suspicious circumstances around the acquisition of the property)

Question 22

Doctrine of Recent Possession (Receiving)

Answer 22

• if a person is found in possession of property that has recently been stolen, this justifies a finding the possessor is either the thief or a dishonest receiver
• it puts onus on the person found in possession of the property to provide an explanation for having it, or be charged with theft or receiving

Question 23

Key for Receiving

Answer 23

has to be the original property, or any part of the original property

Question 24

Aggravated Robbery 3 circumstances

Answer 24

the suspect CAUSES GRIEVOUS BODILY HARM to any person

being TOGETHER WITH ANY OTHER PERSON (2 or more people)

the suspect is ARMED WITH AN OFFENSIVE WEAPON OR INSTRUMENT (includes a firearm)

Question 25

When is theft complete

Answer 25

As soon as the suspect has possession or control of the property If theft has been complete, but then property is dropped or thrown away, an offence has still been committed

Question 26

Preparing to commit an imprisonable offence **Summary Offences Act 1981, Section 28**

Answer 26

*Found* - discovered *In any public place* *Behaving in a manner from which it can be reasonably inferred that the person is* - carrying out action from which the court may infer the intentions of the offender *Preparing to commit an imprisonable offence* - preparing to commit any imprisonable offence

Question 27

Attempting to commit an offence *Crimes Act 1961, Section 72*

Answer 27

Three conditions must be proved for a successful prosecution: 1. **Intent (mens rea)** - intention to commit the complete offence - offender’s actions and communications 2. **Act (actus reus)** - steps taken to commit the offence 3. **Proximate** - how close the suspect was to completing the offence - the person has to be very close to completing the offence

Question 28

Parties to offences *Crimes Act 1961, Section 66(1) & 66(2)*

Answer 28

everyone is a party and guilty of an offence who: - actually commits the offence - does or omits an act to aid any person to commit the offence - abets any person in the commission of the offence - incites, counsels or procures a person to commit the offence

Question 29

Possession definition

Answer 29

has control over the property

Question 30

Difference between public place and any place

Answer 30

Public Place: *Section 202A(4)(a)* - any article **made, altered or intended** for causing bodily injury Any place: *Section 202A(4)(b) - any article **capable** of being used for causing bodily injury

Question 31

Possession of a knife *Summary Offences Act 1981, Section 13A*

Answer 31

*In a public place* *Without reasonable excuse* *Has any knife* *In his or her possession*

Question 32

Difference between *Possession of a knife* and *Possession of an offensive weapon (Public Place) - Any knife*

Answer 32

Imprisonment sentences **Possession of a knife**: 3 months imprisonment **Possession of an offensive weapon**: 3 years imprisonment Use Possession of a knife for first time youth offenders

Question 33

**Possession of offensive weapon (public Place)** *Crimes Act 1961, Section 202A(4)(a)* 3 years imprisonment

Answer 33

*Without lawful authority or reasonable excuse* - **without a legal right** or **justification, authority** or permission. **No lawful, genuine or reasonable excuse** __________ *Has with him or her* - has **in their possession** __________ *In any public place* - **a place that at any time is open to or is being used by the public**, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward: Includes the interior of any vehicle which is in a public place __________ *Any knife* - Any **cutting blade** **OR** *Any offensive weapon* - any article **made** for use **for causing bodily injury** *OR* - any article **altered** for use **for causing bodily injury** *OR* - any article **intended** for use **for causing bodily injury**

Question 34

**Possession of offensive weapon (any place)** *Crimes Act 1961, Section 202A(4)(b)* 3 years imprisonment

Answer 34

*Has in his or her possession* - has **in their possession** __________ *In any place* - **any place**; includes public and private places __________ *Any offensive weapon* - **any article capable** of being **used for causing bodily injury** __________ *In circumstances that prima facie shows an intention to use it to commit an offence involving bodily injury or the threat or fear of violence* - **actions by the suspect show**on the ”face of it” that the person is **intentionally** going to use it to **commit an offence involving** some form of **bodily injury, or the threat or fear of violence**

Question 35

Public Place Meaning

Answer 35

*A place that at any material time* - any place at a given time *Is open to, or being used by the public* - the public can access - could be a park with no barrier to entry, or a movie theatre. It is **used** by the public *Whether free or on payment of a charge* - as above even if the event is ticketed or restricted entry event, it may still be a public place - the park is free, but the movie theatre requires payment, yet both are public places *And whether any owner or occupier of the place is lawfully entitled to exclude or eject that person from the place…* - the owner of the premises is within their rights to exclude or eject anyone. It remains a public place even though some people could be excluded *And includes any: aircraft, hovercraft, ship, ferry, other vessel, train, vehicle* - a vast array of transport is covered *That is carrying or available to carry passengers for reward* - includes a taxi carrying passengers, but also includes an empty bus that is available to carry passengers *And include the interior of any vehicle which is in a public place* - the inside of a private vehicle driving on a public road is deemed a public place

Question 36

**Fighting in a Public Place** *Summary Offences Act 1981, Section 7* $1,000 fine

Answer 36

*Fights* - fighting is **punching, striking, mauling, wrestling, etc. between two or more willing participants** __________ *In a public place* - **a place that at any time is open to or is being used by the public**, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward: Includes the interior of any vehicle which is in a public place

Question 37

**Offensive Behaviour or Disorderly Behaviour** *Summary Offences Act 1981, Section 4(1)(a)* $1,000 fine

Answer 37

*In a public place* - **a place that at any time is open to or is being used by the public**, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward: Includes the interior of any vehicle which is in a public place **OR** *Within view of a public place* - **Within view of a place that at any time is open to or is being used by the public**, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward: Includes the interior of any vehicle which is in 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**

Question 38

Time, Place, Circumstances - in relation to behaviour offences

Answer 38

- what is disorderly behaviour in one seating will not be in another - what is acceptable language in one place is not acceptable in others

Question 39

**Disorderly behaviour likely to cause violence** *Summary Offences Act 1981, Section 3* 3 months imprisonment or $2,000 fine

Answer 39

- deals with situations where the behaviour has caused or may cause violence to persons or property to start or continue - this would only be appropriate if the behaviour causes the victims **(NOT INCLUDING POLICE)** to react in a violent way

Question 40

**Excreting in a public place** *Summary Offences Act 1981, Section 32(1)* $200 fine

Answer 40

*Urinates or defecates in any public place* **Defence:** section 32(2) provides a statutory defence that suspect has reasonable grounds for believing they would not be observed

Question 41

Arrested someone who has committed the offence of Excreting in a public place

Answer 41

You can arrest under section 39(2) of Summary Offences Act 1981. You cannot arrest unless the act o seen by a police officer and the suspect fails to give their name and address on demand. The person can be summonsed instead

Question 42

**Resisting Police** *Summary Offences Act 1981, Section 23(a)* 3 months imprisonment / $2,000 fine

Answer 42

*Resists* - requires **some degree of force** by the suspect **OR** *Incites or encourages any other person to resist* - **urge or persuade any other person to use some degree of force** __________ *Any constable OR authorised officer OR prison officer OR traffic officer acting in the execution of their duty* - the **person must have been lawfully exercising their powers**

Question 43

**Obstructing Police** *Summary Offences Act 1981, Section 23(a)* 3 months imprisonment / $2,000 fine

Answer 43

*Intentionally obstructs* - **deliberately making it more difficult for a person to carry out their duties** **OR** *Incites or encourages any other person to obstruct* - **urge or persuade any other person to make it more difficult for the person to carry out their duties** __________ *Any constable OR authorised officer OR prison officer OR traffic officer acting in the execution of their duty* - the **person must have been lawfully exercising their powers**

Question 44

Trespass meaning

Answer 44

- a person is not a trespasser until he or she has been warned to leave by the lawful occupier and then refused to do so - **’lawful occupier’** means any person in lawful occupation of the place or land and includes any employee or other person acting under the authority of any person in lawful occupation of the place or land

Question 45

**Trespass after warning to leave** *Trespass Act 1980, Section 3(1) & 11(2)(a)* 3 months imprisonment / $1,000 fine

Answer 45

*Trespasses* - is on **another person’s property without authority** or **permission** __________ *On any place* - at **any physical address** __________ *After being warned to leave that place by an occupier of that place* - **must be told to leave** the address **by the lawful occupier** __________ *Neglects or refuses to do so* - **after the warning, neglects or refused to leave**. The person must be **given a reasonable time to leave**

Question 46

**Trespass after previous warnings** *Trespass Act 1980, Section 4(4) & 11(2)(a)* 3 months imprisonment / $1,000 fine

Answer 46

*Being a person who has been warned under Section 4 to stay off any place* - a **person** who has been **issued with a warning**, either verbally or in writing, **to stay off a property** __________ *Wilfully trespasses on that place* - the suspect **intentionally, deliberately, without mistake, returns to the premises** __________ *Within two years* - **within two years** after the giving of the warning

Question 47

**Obligation to give name and other particulars** *Trespass Act 1980, Section 9*

Answer 47

Section 9 provides the ability to the lawful occupier or land or a Constable to demand the identifying details of a trespasser. In practice the way to approach this follows: 1. require that person to **give their name and address**, and if they are in possession of a firearm, give their firearms license number 2. if the person fails or refused to comply with these requirements, CAUTION the person, and if the person persists, in their failure or refusal, arrest without warrant 3. the trespasser can the potentially be charged with one of the following offences: - failing or refusing to comply with the requirements - giving a false name and address - wilfully giving particulars that are in sufficiently precise to enable the address to be readily identified

Question 48

Theft Punishment

Answer 48

**(b)** = >$1000 = 7 years imprisonment **(c)** = >$500 but < $1000 = 1 year imprisonment **(d)** = <$500 = 3 months imprisonment

Question 49

Punishment of Receiving

Answer 49

**(a)** = >$1000 = 7 years imprisonment **(b)** = >$500 but <$1000 = 1 year imprisonment **(c)** = <$500 = 3 months imprisonment

Question 50

**Carrying an imitation firearm** *Arms Act 1983, Section 46(1)* 1 year imprisonment / $4,000 fine

Answer 50

*Except for some lawful, proper and sufficient purpose* - **without legal right** or **justification, or** genuine **reasonable excuse** in the circumstances __________ Carries - actually **has the weapon on or about them** __________ An imitation firearm - actually have the **appearance of being a firearm**

Question 51

**Presenting a firearm** *Arm Act 1983, Section 52(1)* 6 months imprisonment / $10,000 fine

Answer 51

*Except for some lawful and sufficient purpose* - **without legal right** or **justification, or** genuine **reasonable exclude** in the circumstances __________ *Presents* - **brandishes**, deploys **or displays in a threatening way** __________ *Firearm* - anything from which a **shot, bullet, or other projectile can be discharged by force of explosive** (whether or not the firearm, air gun, pistol, or restricted weapon is loaded or capable at the time of the offence of discharging any shot, bullet, missile, or other projectile) **OR** *Air gun* - anything that is **capable of discharging projectiles by the use of gas or compressed air** **OR** *Pistol* - any firearm **designed or adapted to be held and fired with one hand**, including any firearm **under 762mm long** **OR** *Restricted weapon* - Any **weapon declared as a restricted weapon by the Governor-General**. eg. molotov cocktails __________ *At any other person* - must be **another person**

Question 52

**Unlawful carriage OR possession** *Arm Act 1983, Section 45(1)(a) OR 45(1)(b)* 4 years imprisonment / $5,000 fine

Answer 52

*Except for some lawful, proper and sufficient purpose* - **without legal right** or **justification, or** genuine **reasonable exclude** in the circumstances __________ *Carries* - actually **has the weapon on or about him or him** **OR** *Is in possession of * - **in their possession** or **under their control** __________ *Firearm* - anything from which a **shot, bullet, or other projectile can be discharged by force of explosive** (whether or not the firearm, air gun, pistol, or restricted weapon is loaded or capable at the time of the offence of discharging any shot, bullet, missile, or other projectile) **OR** *Air gun* - anything that is **capable of discharging projectiles by the use of gas or compressed air** **OR** *Pistol* - any firearm **designed or adapted to be held and fired with one hand**, including any firearm **under 762mm long** **OR** *Prohibited magazine* - as defined in Section 2B of the Arms Act 1983 **OR** *Restricted weapon* - Any **weapon declared as a restricted weapon by the Governor-General**. eg. molotov cocktails **OR** *Explosives* - any **substance capable of exploding** or producing a pyrotechnic effect

Question 53

**Presenting anything** *Arms Act 1983, Section 52(2)* 6 months imprisonment / $10,000 fine

Answer 53

*Except for some lawful and sufficient purpose* - **without legal right** or **justification, or** genuine **reasonable exclude** in the circumstances __________ *Presents* - **brandishing**, deploying **or displaying in a threatening way** __________ *At any another person* - must be **another person** __________ *Anything* - **anything at all* __________ *In the circumstance, is likely to leave that person to believe that it is a* - the **suspect’s actions and the article presented, makes** it likely that the other **person believes** it is a *Firearm* - anything from which a **shot, bullet, or other projectile can be discharged by force of explosive** (whether or not the firearm, air gun, pistol, or restricted weapon is loaded or capable at the time of the offence of discharging any shot, bullet, missile, or other projectile) **OR** *Air gun* - anything that is **capable of discharging projectiles by the use of gas or compressed air** **OR** *Pistol* - any firearm **designed or adapted to be held and fired with one hand**, including any firearm **under 762mm long** **OR** *Restricted weapon* - Any **weapon declared as a restricted weapon by the Governor-General**. eg. molotov cocktails

Question 54

**Indecent assault** *Crimes Act 1961, Section 135* 7 years imprisonment

Answer 54

Indecently - the word ‘indecent’ means “not conforming with the generally accepted standards or behaviour, especially in relation to sexual matters” *Assaults* - assault is the 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 the person of another, if the person making the threat has, or **causes the other to believe** on reasonable grounds that **they have the present ability to affect his purpose** *Another Person* - it must be **another person other than the suspect**

Question 55

**Indecent act in public place** *Crimes Cat 1961, Section 125(1)* 2 years imprisonment

Answer 55

*Wilfully does* - the act is **deliberately or voluntarily and not accidental** *Any indecent act* - an indecent act is an **act that does not conform with generally accepted standards** of behaviour, especially in relation to sexual matters *In any place to which the public have or are permitted to have access* - **a place that at any time is open to or is being used by the public**, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward: Includes the interior of any vehicle which is in a public place **OR** *Within view of any place to which the public have or are permitted to have access* - **Within view of a place that at any time is open to or is being used by the public**, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward: Includes the interior of any vehicle which is in a public place

Question 56

**Indecent exposure** *Summary Offences Act 1981, Section 27(1)* 3 months imprisonment / $2,000 fine

Answer 56

*In a public place* - **a place that at any time is open to or is being used by the public**, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward: Includes the interior of any vehicle which is in a public place **OR** *Within view of a public place* - **Within view of a place that at any time is open to or is being used by the public**, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward: Includes the interior of any vehicle which is in a public place *Intentionally* - the act of exposure is **deliberate, voluntary and not be accident** *Obscenely* - the **act offends** reasonable contemporary standards of propriety, that a **reasonable observer** would **regard it with “loathing, disgust and revulsion”** *Exposes any part of his or her genitals* - the **penis and testes of a male**, or the **vulva and vagina of a female** are **exposed**

Question 57

**Possession OR use of controlled drugs** *Misuse of Drugs Act 1975, Section 7(1)(a) & 7(2)(a) or 7(2)(b)*

Answer 57

*Procure* - means to **purchase or obtain** **OR** *Possess* - **knowingly has in their possession** or **under their control, a usable quantity** **OR** *Consume* - **ingest** (eat or drink) **OR** *Smoke* - **inhale** smoke **OR** *Otherwise use* - **use of a drug in any manner** whatsoever, other than above *Any controlled drug* - **a drug listed in the first, second or third schedule of the Misuse of Drugs Act 1975**

Question 58

**Possession of instruments** *Misuse of Drugs Act 1975, Section 13(1)(a) & 13(3)* 1 year imprisonment / $500 fine

Answer 58

*Has in their possession* - **in their possession** or **under their control** *Any pipe* - a **container where material is burnt and the smoke is inhaled** **OR** *Any utensil* - **instrument, vessel or implement for drug use** *For the purpose of the commission of an offence against the Misuse of Drugs Act 1975* - an intention on the part of the possessor to use **for the purpose of an offence against the Misuse of Drugs 1975 (either currently or in the future)**

Question 59

**Cultivation of prohibited plants** *Misuse of Drugs 1975, Section 9(1) & 9(2)*

Answer 59

*Cultivates* - to **grow or germinate** (includes to sow or plant) *A prohibited plant* - **any prohibited plant listed in schedule 3 of the Misuse of Drugs Act 1975**