What is Wilful Damage?
• INTENTIONALLY - (deliberate or reckless).
- DAMAGES - Temporary or permanent reduction in the value and/or the usefulness of the property.
- PROPERTY - Something that belongs to another person and is capable of being damaged.
• OR SETS FIRE TO, ANY TREE OR VEGETATION.
What is Theft?
- 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.
- 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
OR
• WITH INTENT TO DEPRIVE ANY OWNER PERMANENTLY OF ANY INTEREST IN THAT PROPERTY.
What is Theft (Uses or deals with)?
- USES OR DEALS WITH - Exceeds the authority or conditions given by using or dealing with the property in any manner.
- AFTER OBTAINING POSSESSION OR CONTROL OF THAT PROPERTY IN WHATEVER MANNER
- 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.
- 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
OR
• WITH INTENT TO DEPRIVE ANY OWNER PERMANENTLY OF ANY INTEREST IN THAT PROPERTY.
Components of Assault
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 another…
…if the person making the threat has, or causes the other to believe on reasonable grounds he has…
…the present ability to effect their purpose
What factors must be considered when deciding what charge is appropriate for assault?
- The Intent
- Weapons or degree of force used
- Injury received
Define Assault
- ASSAULTS - Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly.
- ANOTHER PERSON
Define Assault with a Weapon
• USING ANYTHING AS A WEAPON
or
HAVING ANYTHING WITH HIM OR HER IN CIRCUMSTANCES THAT PRIMA FACIE SHOW AN INTENTION TO USE IT AS A WEAPON
- ASSAULTS - Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly.
- ANOTHER PERSON
Define Burglary
- ENTERS - Entry is complete as soon as any part of a person / instrument is within the building/ship. Also includes entry via artifice or threat.
- ANY BUILDING or ANY SHIP or ANY PART OF A VEHICLE OR SHIP
- WITHOUT AUTHORITY - An absence of authority from a person the defendant believes is legally able to give consent.
- WITH INTENT TO COMMIT AN IMPRISONABLE OFFENCE IN THE BUILDING / SHIP
Define Burglary (Having Entered)
- HAVING ENTERED
- ANY BUILDING or SHIP
- REMAINS WITHOUT AUTHORITY
- WITH INTENT TO COMMIT AN IMPRISONABLE OFFENCE IN THE BUILDING or SHIP
Define Robbery
- THEFT
- ACCOMPANIED BY VIOLENCE or THREAT OF VIOLENCE
- TO ANY PERSON or ANY PROPERTY
- USED TO EXTORT THE PROPERTY STOLEN or PREVENT OR OVERCOME RESISTANCE TO THE PROPERTY BEING STOLEN
Define Unlawful Takes Vehicle (Conversion of Vehicle)
- DISHONESTLY
- WITHOUT CLAIM OF RIGHT
- BUT NOT SO AS TO BE GUILTY OF THEFT
- TAKES
- FOR ANY PERSONS PURPOSES
- ANY VEHICLE, SHIP, AIRCRAFT or ANY PART OF or HORSE
Define Unlawful Uses Vehicle (Conversion of Vehicle)
- DISHONESTLY
- WITHOUT CLAIM OF RIGHT
- BUT NOT SO AS TO BE GUILTY OF THEFT
- USES
- FOR ANY PERSONS PURPOSES
- ANY VEHICLE, SHIP, AIRCRAFT or ANY PART OF or HORSE
Define Receiving
- 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 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
What are the four legal elements of possession and control?
- Awareness that the item is where it is
- Awareness that the item has been stolen
- Actual or potential control of the item
- An intention to exercise that control over the item
What is a Public place?
A place that at any material time…
…Is open to, or being used by the public…
…Whether free or on payment of charge…
…And whether any owner or occupier of the place is lawfully entitled to exclude or eject that person from that place…
…includes any vessel…
…that is carrying or available to carry passengers for reward…
…and includes the interior of any vehicle which is in a public place.
Define Fighting in a public place
- FIGHTS - Punching, mauling, wrestling and striking between two or more willing participants
- IN A PUBLIC PLACE
Define Disorderly behavior likely to cause violence
• IN A PUBLIC PLACE
or
• WITHIN VIEW OF A PUBLIC PLACE
• BEHAVES IN
or
• INCITES OR ENCOURAGES ANY PERSON TO BEHAVE IN
- A RIOTOUS, OFFENSIVE, THREATENING, INSULTING or DISORDERLY MANNER
- THAT IS LIKELY, IN THE CIRCUMSTANCES, TO CAUSE VIOLENCE AGAINST PERSONS OR PROPERTY TO START OR CONTINUE
What are the five types of offensive behavior?
- Riotous
- Offensive
- Threatening
- Insulting
- Disorderly
Define the elements of “Offensive OR Disorderly Behaviour”
Section 4(1)(a) deals with behaviour that is of a minor nature but still warrants the intervention of criminal law.
IN A PUBLIC PLACE
or
• WITHIN VIEW OF A PUBLIC PLACE
• BEHAVES IN AN OFFENSIVE MANNER
or
• BEHAVES INA DISORDERLY MANNER
What are the elements of Resisting Police?
• RESISTS - Requires some degree of force by the offender
or
• INCITES OR ENCOURAGES ANY OTHER PERSON TO RESIST
• ANY CONSTABLE ORR AUTHORISED OFFICER OR PRISON OFFICER OR TRAFFIC OFFICER ACTING IN THE EXECUTION OF THEIR DUTY
What are the elements of Obstruction (Resisting Police)?
• INTENTIONALLY OBSTRUCTS
or
• INCITES OR ENCOURAGES ANY OTHER PERSON TO OBSTRUCT
• ANY CONSTABLE OR AUTHORISED OFFICER OR PRISON OFFICER OR TRAFFIC OFFICER ACTING IN THE EXECUTION OF THEIR DUTY
What are some examples of obstruction?
- Physical obstruction
- Delaying Police
- Warning persons of Police approach
- Refusing to obey lawful instructions
- Telling untruths
What are the elements of Peeping or Peering into a dwelling house?
- FOUND
- BY NIGHT - 1 hour after sunset and 1 hour before sunrise
- WITHOUT REASONABLE EXCUSE
- PEEPING OR PEERING
- INTO A DWELLING HOUSE
What are the elements of “Being Found on Property Without Reasonable Excuse (Building / Transport)”
- FOUND
- WITHOUT REASONABLE EXCUSE
- IN or ON
- ANY BUILDING, AIRCRAFT, HOVERCRAFT, SHIP, TRAIN, ANY VEHICLE
