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12 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Theft |
A person steals of he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
s74 Crimes Act |
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PoP Theft |
IDAPBI
Identity Dishonestly Appropriates Property Belonging to another Intention to permanently deprive |
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Defences to Theft |
- believed, in law, had a right to deprive the other of it - believed that they had consent of the other person to take the property in the circumstances - believed the owner could not be located by taking reasonable steps - property was abandoned |
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ToMV |
Theft of Motor Vehicle
s73(14) of Crimes Act: differentiates the intent to permanently deprive. In ToMV; proof that the person took or used in any manner the vehicle is conclusive evidence that the person intended to permanently deprive Arrest 459 IOTS Dealt with summarily regardless of vehicle value (unless aircraft value exceeds 100k) |
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Robbery |
Same as theft + use of force/fear of force immediately before or at the time of the offence s75 of Crimes Act Three key elements - person stole something - immediately before or at the time, the person used force/put any person in fear/sought to put any person in fear - person did so in order to commit the theft |
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PoP Robbery |
Same as theft PLUS Use of force or fear of threat of impending force to any person in order to steal |
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Robbery Jurisdiction |
Arrest 459 If value is under 100k, IOTS |
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Armed Robbery |
s75A of Crimes Act Same as robbery PLUS using - firearm (incl. imitation): has the appearance of being a firearm regardless of ability to discharge - offensive weapon: mad eor adapted to cause injury - explosive (imitation): produce a practical effect by explosion, or be reasonably taken to contain an explosive |
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PoP Armed Robbery |
Same as robbery PLUS Has with them at the time Firearm or imitation firearm Offensive weapon Explosive or imitation explosive |
WIFE |
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Armed Robbery Jurisdiction |
Arrest 459 Strictly an indictable offence |
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Carjacking & Aggravated Carjacking |
Robbery involving a vehicle s79 Crimes Act
- person stole a vehicle - used force or put fear or sought to put fear immediately before or at the time - person did so in order to commit the theft Agg. Carjack = used WIFE and/or caused injury |
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Carjacking & Agg Carjacking Jurisdiction |
Arrest 459 Carjacking IOTS Agg Carjacking strictly indictable offence |
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