Breaking (Property) Offences Flashcards

1
Q

What are the circumstances of Aggravation for a Break and Enter as defined in section 105A of the Crimes Act?

A
  • Armed with offensive weapon
  • In company
  • Use corporal violence
  • Intentionally or recklessly inflicts ABH
  • Deprives a person of their liberty
  • Knows persons present at the time
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2
Q

What are the circumstances of Special Aggravation for a break and enter as defined in section 105A of the Crimes Act?

A
  • Intentionally wounds or inflicts GBH on any person.
  • Inflicts GBH and is reckless to inflicting ABH.
  • Armed with a dangerous weapon.
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3
Q

What is the section and proofs of Break, Enter and Commit Serious Indictable Offence?

A
S112 Crimes Act (1)
A) The accused
-Break
-Enters
-Dwelling House or other building
-Commits serious indictable offence therein.

B) The accused

  • Being in dwelling or other building
  • Commits serious indictable offence therein,
  • And breaks out
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4
Q

What is the section and proofs for receiving stolen property (serious and minor)?

A

S188 for serious
S189 for Minor

The accused
Received OR Disposed OR attempted to disposed
Propery that was stolen
That such stealing was a serious (or minor) indictable offence
Knowing that it was stolen

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5
Q

What is required by the accused to satisfy knowing the property was stolen?

A

Belief OR knowledge

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6
Q

Is suspicion of goods being stolen enough to satisfy Receiving?

A

No.

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7
Q

What is the doctrine of recent possession?

A

The property is stolen
The accused had possession of the property
The possession was recent to the actual theft
There is no credible explanation consistent with the accused innocence.

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8
Q

What must you prove to prove receiving?

A

Larceny

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9
Q

What are the two types of breaks with regards to a break and enter offence?

A
  • ACTUAL

- CONSTRUCTIVE

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10
Q

What are the three types of a CONSTRUCTIVE break with regards to a break and enter offence?

A
  • Threat
  • Fraud
  • Conspiracy
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