Common Definitions and Case Law Flashcards
Definition of Assault
Assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, OR threatening by any act or gesture to apply such force to the person or another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose.
Definition of Consent
Case Law for Consent - R v Cox
CONSENT
A person’s conscious and voluntary agreement to do something desired or proposed by another.
R v COX
Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person in position to form a rational judgement.
Definition of Intent
R v Mohan
R v Waaka
INTENT
A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it.
R v MOHAN
Intent involves a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence.
R v WAAKA
A fleeting or passing thought is not sufficient, there must be a firm intent or firm purpose to effect the act.
Definition of Knowledge (AATF)
Case Law - Simester and Brookbanks: Principles of Criminal Law
KNOWLEDGE
The accused must have knowledge that the person that they are being an accessory to, WAS, party to an offence at the time of assisting them.
SIMESTER AND BROOKBANKS: PRINCIPLES OF CRIMINAL LAW
Knowing means “correctly believing”. The defendant may believe something wrongly but cannot “know” something that is false.
Definition of Person
Gender neutral, proven by judicial notice or circumstantial evidence.
Definition of Reckless
R v Harney
RECKLESS
A conscious and deliberate taking of an unjustifiable risk.
R v HARNEY
Foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.
