Constructive possession of an aggressive person is a serious crime and the police need to be vigilant in enforcing it.
The Australian Law Reform Commission has found that “in many circumstances, police may have to intervene to prevent a person committing the offence”.
This means they have to deal with a person who has breached the law, even if they did not intend to breach it.
In this article, we will discuss the elements of a constructive possession charge, and how they work.
The criminal law of constructive possession of a personThe elements of constructive or violent possession of propertyThe elements for a constructive or dangerous possession of real property are:1.
the person committed the offence intending to commit a serious offence2.
the conduct constituting the offence was deliberate3.
the property was a place of business or dwelling4.
the offence occurred in the course of a business or business activity5.
the crime involved the use of force against another person6.
the circumstances of the offence were such that the conduct constituted an imminent threat of serious harm or death7.
the possession was unlawful by reason of race, colour, national or ethnic origin, colour or national or Asian origin, or any other relevant groundThe police can enforce the offence against a person by using:A person can only be prosecuted for a breach of a lawful order if they had the lawful authority to do so.
This means the police can only use force if they have reasonable grounds to believe that they have the right to do it.
This does not apply if the person is the victim of an unlawful act.
For example, police can use reasonable force to stop a person from breaking into your house, or to protect you from an intruder.
If the police have reasonable ground to believe there is a risk of serious physical harm to you, they can also use force to prevent the offence.
This means a police officer can stop a violent person who is in the act of committing a serious breach of your house or premises.
If they do this, they are not able to use force against the person because the person has committed the unlawful act against the police officer.
If police use force, they may have no other option than to use their own weapons to restrain the person.
A person may be arrested for constructive possession if they are:a) a threat to harm someone else; orb) attempting to break into or enter a building where they have a legitimate business purpose.
Police can also arrest a person for constructive or deadly possession of other property, such as guns and explosives.
However, police cannot arrest a violent offender who has committed a serious violent offence.
Police cannot use the power of arrest to prevent someone from entering their premises.
For more information on constructive or harmful possession of land and buildings, see our article on constructive possession.
The Criminal Code provides for a range of offences that can be used to prosecute a person if they do not have the authority to enter your premises.
This includes offences such as wilfully entering premises without lawful authority, or breaching the peace or entering unlawfully.
This can be useful if the police believe that someone is committing a crime, such that they can use force when they have that authority.
Police must then prove that the person they arrested did not have lawful authority and that they acted reasonably.
This can take place in court, or if the case goes to trial.
When a person is arrested for breaching a lawful court order, they must provide evidence that they were authorised to enter the premises.
The police must also prove that they had a reasonable belief that they could enter your property without permission.
This includes the belief that you had permission to enter.
You can also apply for bail if you are charged with a serious criminal offence.
Bail is usually granted if the judge finds that you pose a risk to yourself or others and the evidence of your risk justifies granting bail.
In order to apply for a bail, you will need to show that the risk of you committing a similar offence is “extremely real” and that you have a reasonable opportunity to avoid the crime.
Bond can be granted if there is reasonable cause to believe the accused poses a risk, and the person being bailed has an opportunity to mitigate the risk.
A good example of a court hearing would be if a person had been convicted of a serious serious offence, and was facing an extended sentence.
The police would need to make a submission about whether the person posed a risk or if they could have the case dropped.
If you have been arrested, you may be able to plead guilty and receive a suspended sentence.
The Crown Court will normally grant bail if the court thinks that the accused is a high risk of reoffending.
If the court finds that there is no risk of the person committing further offences, the person can be released from custody.