Legislation - Other Offences Flashcards Preview

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Flashcards in Legislation - Other Offences Deck (14)
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1

Arson - Intentional Damage

Danger to life

S269(1) CA61

Every one is liable to imprisonment for a term not exceeding 10 years who intentionally or recklessly destroys or damages any property if he or she knows or ought to know that danger to life is likely to result.

2

Arson - Intentional Damage

No interest and obtain benefit/cause loss

S269(2) CA61

Every one is liable to imprisonment for a term not exceeding 7 years who—
(a) intentionally or recklessly, and without claim of right, destroys or damages any property in which that person has no interest; or

(b) intentionally or recklessly, and without claim of right, destroys or damages any property with intent to obtain any benefit, or with intent to cause loss to any other person.

3

Arson - Intentional Damage

Reckless Disregard

S269(3) CA61

Every one is liable to imprisonment for a term not exceeding 7 years who intentionally destroys or damages any property with reckless disregard for the safety of any other property

4

Aggravated Burglary

S232 CA61

(1) Every one is liable to imprisonment for a term not exceeding 14 years who,—

(a) while committing burglary, has a weapon with him or her or uses any thing as a weapon; or

(b) having committed burglary, has a weapon with him or her, or uses any thing as a weapon, while still in the building or ship.

(2) Every one is liable to imprisonment for a term not exceeding 5 years who is armed with a weapon with intent to commit burglary.

5

Conspiring to Deal with Controlled Drugs

S6(2A) MODA75

14, 10, 7 Years Imp

Every person who conspires with any other person to commit an offence against subsection 1 of this section commits an offence against this act and is liable on conviction to imprisonment for a term:

(a) 14 years (Class A)

(b) 10 years (Class B)

(c) 7 years (Class C)

6

Possession and Use of Controlled Drugs

Section 7 Offending

S7 MODA75

Class A - 6 months Imp, $1000 fine
Class B/C - 3 months imp, $500 fine

no person shall—
(a) procure or have in his possession, or consume, smoke, or otherwise use, any controlled drug; or
(b) supply or administer, or offer to supply or administer, any Class C controlled drug to any other person, or otherwise deal in any such controlled drug.

7

Supplies Equipment/Precursors

S12A(1) MODA 75

7 years imp

Every person commits an offence against this act who supplies produces or manufactures

(a) Any equipment that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9, or

(b) Any precursor substance

Knowing that the equipment, material or substance is to be used in, or for, the commission of an offence against those provisions

8

Possession of Equipment/Precursors

S12A(2) MODA 75

5 years imp

Every person commits an offence against this act who has in his or her possession

(a) Any equipment that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9, or

(b) Any precursor substance

With the intention that the equipment, material or substance is to be used in, or for, the commission of an offence against those provisions

9

Theft by a Person in a Special Relationship

S220 CA61

Exceeds $1000 - 7 Years Imp
$500 to $1000 - 1 Year Imp
Under $500 - 3 Months Imp

(2) Every one to whom subsection (1) applies commits theft who intentionally fails to account to the other person as so required or intentionally deals with the property, or any proceeds of the property, otherwise than in accordance with those requirements.

Of note

(1) This section applies to any person who has received or is in possession of, or has control over, any property on terms or in circumstances that the person knows require the person—

(a) to account to any other person for the property, or for any proceeds arising from the property; or

(b) to deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person.

10

Assault with Intent to Rob

S236 CA61

(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to rob any person,—

(a) causes grievous bodily harm to that person or any other person; or

(b) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, assaults that person or any other person; or

(c) being together with any other person or persons, assaults that person or any other person.

(2) Every one who assaults any person with intent to rob that person or any other person is liable to imprisonment for a term not exceeding 7 years.

11

Blackmail

S237(1) CA61
14 years imp

(1) Every one commits blackmail who threatens, expressly or by implication, to make any accusation against any person (whether living or dead), to disclose something about any person (whether living or dead), or to cause serious damage to property or endanger the safety of any person with intent—

(a) to cause the person to whom the threat is made to act in accordance with the will of the person making the threat; AND
(b) to obtain any benefit or to cause loss to any other person.

Of note

(2) Every one who acts in the manner described in subsection (1) is guilty of blackmail, even though that person believes that he or she is entitled to the benefit or to cause the loss, unless the making of the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose.

12

Demanding with Intent to Steal

S239 CA61

(1) Every one is liable to imprisonment for a term not exceeding 14 years who, without claim of right, by force or with any threat, compels any person to execute, make, accept, endorse, alter, or destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who, with menaces or by any threat, demands any property from any persons with intent to steal it.

13

Injuring by Unlawful Act

S190 CA61

Every one is liable to imprisonment for a term not exceeding 3 years who injures any other person in such circumstances that if death had been caused he or she would have been guilty of manslaughter.

14

Sexual Violation

S128(1) CA61

Sexual violation is the act of a person who—
(a) rapes another person; or
(b) has unlawful sexual connection with another person.