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Police Study > Crimes Act 1961 > Flashcards

Crimes Act 1961 Flashcards

1
Q

What section is about Unlawfully interferes with Vehicle?

A

S.226(2) CA61

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2
Q

What is S.226(2) about? CA61

A

Unlawfully interferes with Vehicle
AND
Dishonestly getting into OR upon.

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3
Q

What elements are in Unlawfully interferes with Vehicle?

A
  • Dishonestly
  • Without claim of right
  • Interferes with
  • Any vehicle, ship or aircraft
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4
Q

What section is about Dishonestly getting into OR upon?

A

S.226(2)

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5
Q

What elements are in Dishonestly getting into OR upon?

A
  • Dishonestly
  • Without claim of right
  • get into OR upon
  • Any vehicle, ship or aircraft
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6
Q

What is S.227 about? CA61

A

Possession of Instruments

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7
Q

What elements are in Possession of Instruments?

A
  • Without lawful authority or excuse
  • Has in his possession.
  • Any instruments capable of being used for taking or converting.
  • Any vehicle, ship or aircraft
  • with INTENT to use for such purpose.
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8
Q

What is S.226(1) about? CA61

A

Unlawful Takes/Uses Vehicle.

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9
Q

What are the elements for Unlawfully Takes Vehicle?

A
  • Dishonestly
  • Without claim of right
  • But not so as to be guilty of theft
  • Takes
  • For any person’s purpose
  • Any vehicle, ship, aircraft or horse.
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10
Q

What are the elements for Unlawfully Uses Vehicle?

A
  • Dishonestly
  • Without claim of right
  • But not so as to be guilty of theft
  • Uses
  • For any person’s purpose
  • Any vehicle, ship, aircraft or horse.
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11
Q

What is S.234 about? CA61

A

Robbery

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12
Q

What are the elements of Robbery?

A
  • Theft
  • Accompanied by violence OR threats of violence
  • to any person OR any property
  • Used to extort the property stolen OR to prevent or overcome resistance to the property being stolen.
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13
Q

What is S.246 about? CA61

A

Receiving

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14
Q

What are the elements of Receiving?

A
  • Receives
  • Any property stolen OR any property obtained by any other imprisonable offense
  • Knowing that the property to have been stolen or so obtained OR being reckless as to whether the property had been stolen or so obtained.
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15
Q

What is S.196 about? CA61

A

Common Assault.

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16
Q

What is S.231 about? CA61

A

Burglary

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17
Q

What are the elements of Burglary?

A
  • Enters
  • Any building or ship OR part of building or ship
  • without authority
  • With the intent to commit an imprisonable offense.
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18
Q

Explain, ‘having entered’ in regards to Burglary.

A

The offender gains entry to the building or ship with authority but remains until the consent no longer applies.

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19
Q

What is S.196 about? CA61

A

Common Assault.

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20
Q

What are the elements of Assault?

A
  • Assaults

- Another person.

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21
Q

How is Assault defined?

A

Directly or indirectly applying force to another person. OR Threatening by any act or gesture to apply force.

22
Q

What are the types of Assaults?

A

Direct, Indirect, Conditional.

23
Q

What is conditional assault?

A

What assault consist of a threat if the the victim doesn’t do something.

24
Q

What two things need to present for it to assault?

A

Mens Rea and Actus Rea. (Intent and action)

25
Q

In the SOA81, what section is common assault?

A

S.9.

26
Q

What section is Assault with a weapon?

A

S.202C CA61.

27
Q

What section is aggravated assault?

A

S.192 CA61.

28
Q

What are the 3 factors used to decide what section to charge someone for assault?

A

Their intent, weapons or degree of force used and injuries received.

29
Q

What is transferred malice?

A

When the offender has intent and action to cause injury even if the victim differs from the one intended.

30
Q

What sections relate to use of force?

A

Sections 39-42, and 48. CA61.

31
Q

What does S.62 relate to? CA61

A

Anyone is criminally liable for excess use of force.

32
Q

What does S.39 relate to? CA61

A

Police can use reasonable force while making an arrest.

33
Q

What does S.40 relate to? CA61

A

Gives authority for police to use force to stop a person escaping.

34
Q

What does S.42 relate to? CA61

A

Allows anyone to use reasonable force to prevent a breach of the peace.

35
Q

What does S.41 relate to? CA61

A

Gives authority for police to use force to stop a person harming themselves.

36
Q

What does S.48 relate to? CA61

A

Allows anyone to use as much force as is necessary in defence of themselves or another person.

37
Q

What section in the CA61 gives me the power to arrest?

A

S.315.

38
Q

How does some commit Aggravated Burglary?

A

While committing the act of burglary has a weapon on them or uses anything as a weapon.

39
Q

How does someone commit Aggravated Robbery?

A
  • Causes GBH before, during or after the robbery
  • Two or more people involved
  • Being armed with an offensive weapon.
40
Q

What is Assault with intent to Rob?

A

Where a person assaults a person with the intent to rob them.

41
Q

What is Demanding with intent to steal?

A

With menaces or by any threat, demands any property from any persons with the intent to steal.

42
Q

What is S.72(1) CA61?

A

Attempting to commit an offense.

43
Q

What is S.72(3) CA61?

A

Any act done or omitted with intent may constitute an attempt, if it is immediately or proximately connected with the intended offense.

44
Q

What the the 3 requirements for an attempt?

A

Intent, act, proximate.

45
Q

What are the two sections you add for “attempted to…”

A

S.72(1) and S.311(1)

46
Q

What is S.66 CA61 about?

A

Parties to offences.

47
Q

What is S.66(1) about?

A

It relates to offenders who, in helping in the commission of an offense, become parties to that offense or actually commit the full offense.

48
Q

What is S.66(2) about?

A

When offenders form a common intention, both become criminally liable for any offense committed by any participant, where the offense was a probable consequence.

49
Q

What the key words used in S.66(1)? (6 of them)

A
  • Actually commits.
  • Aids.
  • Abets.
  • Incites.
  • Counsels.
  • Procures.
50
Q

What is the definition of an offensive weapon in 202A(4)(a)?

A

Any article made, altered or intended for causing bodily injury.

51
Q

What is the definition of an offensive weapon in 202A(4)(b)?

A

Any article capable of being used for causing bodily injury.

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