Robbery or stealing from person – s 94 of the Crimes Act 1900
Robbery is a hybrid offence containing elements of larceny and assault, and dealt with by section 94(a) of the Crimes Act. Stealing is a different offence that falls under section 94(b) of the Crimes Act 1900. It is where a person steals any chattel, money or valuable security from another person. It is robbery without the element of violence or threat of violence: R v Delk (1999) 46 NSWLR 340. EG. Bag snatching!
Fraud (obtain a benefit by deception) – s 192E of the Crimes Act 1900
Fraud, pursuant to s 192E of the Crimes Act 1900, captures a broad range of offending whereby a person using ‘any deception, dishonestly’: obtains property belonging to someone else; or obtains any financial advantage; or causes a financial disadvantage.
Larceny s 117 of the Crimes Act 1900
The High Court of Australia has defined larceny in Illich v R (1987) HCA 1 as: A person steals who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof.
Goods in Custody – Unlawfully in possession of property – s 527 Crimes Act.
s 527C(1)of the Crimes Act 1900 is comprised of four different offences with four different elements as follows: his or her custody, a person that has any thing in the custody of another person, ...
Production, dissemination or possession of child abuse material – s 91H Crimes act.
A person may be charged with this offence in instances where he or she produces, disseminates or possesses child abuse material. Child abuse material is regarded as material that represents a child under 16, or a person who either appears to be, or is implied to be a child under 16 as ...
Sexual Assault– s 61I of the Crimes Act 1900 / Aggravated Sexual Assault- s61J of the Crimes Act 1900
Sexual assault is where a person has sexual intercourse with another person without consent; knowing that the other person does not consent to the sexual intercourse.
Sexual Act (section 61KE of the Crimes Act 1900 ) / Aggravated Sexual Act (section 61KF of the Crimes Act 1900 )
The law defines a sexual act as an action that a reasonable person would consider to be sexual. In determining what a reasonable person would consider sexual, the court gives regard to ...
Sexual Touching – s 61KC and Aggravated Sexual Touching – s 61KD of the Crimes Act 1900
Section 61HB of the Crimes Act, 1900 defines “sexual touching” as touching another person in circumstances where a reasonable person would consider the touching to be sexual. (EG. unwanted kissing.)
Film a person’s private parts – s 91L of the Crimes Act 1900
The offence of filming a person’s private parts is committed when a person covertly films or photographs another person’s anal, genital or breast area; clothed or unclothed, without consent.
Obscene or indecent exposure – section 5 Summary Offences Act 1988
This offence is governed by section 5 of the Summary Offences Act 1998. It provides that a person is prohibited from wilfully and obscenely exposing themselves in or within view from a public place or school.
