Definitions - All of them

Question 1

Conspiracy

Answer 1

• An agreement between two or more people to commit an offence.
• The agreement must be made before the commission of the acts which make up the full offence and the object of the conspiracy.

Question 2

Omission

Answer 2

The agreement between the parties concerned may also have as its object an omission (failure to act) as opposed to the commission of an offence and as such this must not be overlooked.

Eg. A security guard deliberately fails to lock a door that he would normally secure (the omission), with the aim that his associates gain entry to commit a burglary (the offence).

Question 3

Aids

Answer 3

To assist either physically or by giving advice and information. Does not need to be present. (lookout, give tools, advise when victim leaves)

Question 4

Abets

Answer 4

• To instigate or encourage, to urge another person to commit the offence.
• Does not need to be present.

Question 5

Incites

Answer 5

To rouse, stir up, stimulate, animate, urge or spur on another person to commit an offence.

Question 6

Counsels

Answer 6

• To intentionally instigate, advising a person on how best to commit an offence, or planning the commission of an offence for another person.
• May also mean ‘urging someone to commit an offence’. In which case it will overlap with incitement.

Question 7

Procures

Answer 7

• Setting out that something happens and taking the appropriate steps to ensure that it does happen.
• Strong connection to offence required.
  Eg, the use of a hitman to kill someone.

Question 8

Party to

Answer 8

• Person gaining assistance must be a party to the offence (primary or secondary offender).
• The offence must be complete for someone to be an accessory otherwise they are a party/conspirator.

Question 9

Intent

Answer 9

There must be an intention:

• To commit the act, and
• To get a specific result

The act must be done deliberately

R v TAISALIKA and R v COLLISTER relate

Question 10

Recklessness

Answer 10

Acting ‘recklessly’ involves the conscious and deliberate taking of an unjustified risk.

R v CAMERON and R v TIPPLE relates

Question 11

Damages by fire

Answer 11

Although fire damage will often involve burning or charring; it is not necessary that the property is actually set alight.

Melting, blistering of paint or significant smoke may be sufficient.

R v ARCHER relates

Question 12

Immovable property

Answer 12

Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable.

Question 13

Property

Answer 13

Includes any real or personal property and any real estate or interest in any real or personal property, money, electricity and any debt, and anything in action, and any other right or interest.

Question 14

Knows or ought to know

Answer 14

Knowing or correctly believing

Question 15

Life

Answer 15

In this context of human life, the danger must be to someone other than the defendant.

Question 16

Claim of right

Answer 16

A belief at the time of the act you either owned or had a right to possess the property in question although that belief may be based on ignorance or mistake of fact or law.

Question 17

Vehicle

Answer 17

A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.

Question 18

Aircraft

Answer 18

Any machine that can derive support in the atmosphere from the reactions of the air or by the reactions of the air against the surface of the earth.

Question 19

Ship

Answer 19

Vessel used in navigation, however propelled.

Question 20

Obtain

Answer 20

Obtain or retain for himself, herself or any other person.

Question 21

Benefit

Answer 21

Any benefit

• Property
• Service
• Pecuniary advantage
• Valuable consideration

Question 22

Cause loss

Answer 22

It is not necessary that the victim’s loss results in any benefit to the offender

R v MORLEY relates

Question 23

Person

Answer 23

• Someone other than the defendant

- As proven by circumstantial evidence or judical notice

Question 24

GBH

Answer 24

Really serious harm

Question 25

Wounds

Answer 25

Breaking of the skin evidenced by the flow of blood. May be internal or external.

R v WATERS relates

Question 26

Maims

Answer 26

Deprive the victim of the use of a limb or of one of the senses.

Needs to be some degree of permanence.

Question 27

Disfigures

Answer 27

To deform or deface; to alter the figure or appearance of a person.

Question 28

Facilitate

Answer 28

Make possible or make easy/easier.

Question 29

Imprisonable offence

Answer 29

Offence punishable by imprisonment

Question 30

Stupefies

Answer 30

Induce a state of stupor to make stupid, groggy or insensible; to dull the senses or faculties.

R v STURM relates

Question 31

Renders unconscious any person

Answer 31

To ‘render’ means to ‘causes to be’ or ‘cause to become’.

The offenders actions must cause the victim to lose consciousness.

Question 32

By any violent means renders any person incapable of resistance

Answer 32

Is not limited to physical violence and may include threats of violence, depending on the circumstances.

Question 33

Arms

Answer 33

Any firearm, airgun, pistol, restricted weapon, imitation firearm, or explosive (as per s2 arms act 1983), or any ammunition.

Question 34

Curtilage

Answer 34

Is a legal term used to define the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated ‘open fields beyond’.

It defines the boundary within which a homeowner can have a reasonable expectation of privacy and where ‘common home activities’ take place.

Question 35

Evidential material

Answer 35

Evidence of a offence or any other item, tangible or intangible, of relevance to the investigation of the offence.

Question 36

Unlawfully at large

Answer 36

In relation to a person, means that the person:

• Has an arrest warrant in force (excluding fines warrants)
• Has escaped from prison or is absent without leave
• Has escaped from lawful custody, eg police cells, police car.
• Is a special patient or a restricted patient and has escaped or has failed to return from leave.
• Is a care recipient or special care recipient (with an intellectual disability) and has escaped or has failed to return from leave.
• Is a “young person” who is the subject of a youth court “supervision with residence” order and they are absconding from CYFS custody.

Question 37

RGTS

Answer 37

Having a sound basis for believing a situation/circumstance is likely to exist

Question 38

RGTB

Answer 38

Having a sound basis for believing that a situation/circumstance actually exists.

Question 39

Injure

Answer 39

Cause actual bodily harm

Question 40

Explosive

Answer 40

• substance/mixture/combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect.
• includes gunpowder, nitroglycerine, dynamite, gun-cotton, blasting powder, fulminate of mercury or of other metals, coloured flares, fog signals, fuses, rockets, percussion caps, detonators, cartridges, and ammunition of all descriptions.
• Does not include fireworks

Question 41

Fire

Answer 41

A chemical reaction between fuel and oxygen, triggered by heat.