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24 Cards in this Set
- Front
- Back
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Define: dishonestly |
Without a belief that there was a consent or authority from the owner |
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Define: claim of right |
Belief in a right to own or possess the property |
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Define: takes |
Physically moves the property |
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Define: uses |
Taking property, and Using the property as if you were the owner |
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Deals |
Uses and deals are linked and uses the same definition |
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Ownership |
You are the owner of the property if you have the possession of the property, or interest in they property or the right to take possession or control of the property |
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Property |
Anything whatsoever, whether tangible or intangible, that is the property of any person and had value |
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Elements of theft by taking |
Dishonestly Without claim of right Takes Any property With intent to deprive any owner permanently of that property OR with intent to deprive any owner permanently of any interest in they property |
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Elements of theft by using our dealing |
-Dishonestly -Without claim of right -Uses it deals with -Any property -With intent to deprive any owner permanently of that property OR -with intent to deprive any owner permanently of any interest in they property -after obtain possession or control of that property in what ever manner |
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Theft: why is the value of an item important? |
To know the value is to know what penalty section to charge them under |
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Theft legislation |
Crimes Act 1961 Sect 219 (1)(a/b) Sect 223 (a-d) |
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Elements of assault |
Assaults And Another person |
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Assault act and section |
Crimes Act 1961, section 196 Or Summary Offences Act 1981 section 9 |
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Burglary legislation |
Crimes Act 1961 Sect 231 (1) |
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Know the following ways of applying or threatening force |
Direct application of force Eg By hitting or punching Indirect assault Eg pulling a chair away Transferred malice Eg missing you intended target and hitting someone else Conditonal assault Eg threatening to punch or hurt some one with words or gestures |
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Elements of burglary |
-Enters -Building/ship/part of building or ship -Without authority -with intent to commit to commit a professionally offence |
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Aggregated burglary |
(1)While committing burglary, has a weapon with him Having committed burglary, has a weapon with him, while still in the building/ship. (2) person who is armed with a weapon, with intent to commit a burglary Crimes Act 1961 sect 232 |
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Define: Artiface |
Being cunning, deceitful, skilled and artful |
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What 3 factors must be considered in deciding on types of assault charges |
1 The Intent (did the offender want to scare, injure or kill the victim) 2 Weapons or degree of force used (was it a slap or weapon used) 3 Injury received ( injured, wounded or killed) |
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Elements of a public place |
-Any place at any material time -Is open to or is being used by public -Whether free/payment required -and whether owner occupier is entitled to exclude or ejecta person from that place -incl. Plane hcraft body ferry train car -available to carry passengers -for reward -includes interior of all vehicles |
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Know what the following terms mean Fights Public place |
Fights-Fighting between two or more WILLING participants Public place-a place that at any material time is open to or is being used by the public |
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Elements for resisting police |
-Resists OR incites/encourages another to resist police -any Constable or AO or prison officer in the execution for their duty |
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Legislation: resisting/obstruction police |
Summary offences Act 1981 |
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Elements of obstruction |
-intentionally obstructs OR incites/encourages any other person to obstruct -any Constable, Prison officer, traffic officer in the execution of their duty |
