Must knows Flashcards
Recklessly (Definition) and case law that relates to it
Reckless:
Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.
R v Harney:
Recklessness involves “foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk”
R v Harney
R v Harney:
Recklessness involves “foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk”
Intent (definition)
A person does something “intentionally” if they mean to do, they desire a specific result and act with the aim or purpose of achieving it
R v Mohan
R v Mohan:
Intent involves “a decision to bring about, in so far as it lies within the accused’s powers, the commission of the offence
R v Waaka
R v Waaka:
A “fleeting” or “passing though” is not sufficient; there must be a firm intent or a firm purpose to effect an act.
Consent (definition)
“Consent” is a persons conscious and voluntary agreement to something desired or proposed by another.
R v Cox
R v Cox:
Consent must be “full, voluntary, free and informed… freely and voluntarily given by a person in a position to form a rational judgement”
Actual possession (definition)
Possession may be actual or constructive.
Actual Possession:
Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person or immediately at hand.
Ideal possession (actual) (case law)
The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:
- Complete physical control over it
- Knowledge of its existence, its situation and its qualities
Warner vs Metropolitan Police Commissioner
Constructive possession (definition)
Possession may be actual or constructive:
Constructive possession:
Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.
Assault (definition)
Section 2, CA 1961
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 of another, if the person making the threat has or causes the other to believe on reasonable ground that he has, the present ability to effect his purpose; and to assault has a corresponding meaning.
Person (definition)
Gender neutral. Proved by judicial notice or circumstantial evidence.
Knowing (definition)
Knowing means “correctly believing”… the defendant may believe something wrongly, but cannot “know” something that is false.
Simester and Brookbanks: Principals of Criminal Law
R v Kennedy
R v Kennedy:
A guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving.
