Priority Topics Flashcards
What is the definition of intent and where is it found in legislation?
No Act/Section.
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.
What is the definition of consent and where is it found in legislation?
No Act/Section
“Consent” is a person’s conscious and voluntary agreement to something desired or proposed by another.
What is the definition of recklessness and where is it found in legislation?
No Act/Section
A conscious and deliberate taking of an unjustifiable risk.
What is the definition of a firearm and where is it found in legislation?
S2 Arms Act `1983
Firearm -
(a) Means anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive; and
(b) Includes -
(i) Anything that has been adapted so that if can be used to discharge a shot, bullet, missile or other projectile by force of explosive; and
(ii) Anything which is not for the time being capable of discharging any shot, bullet, missile or other projectile but which, by it’s completion or the replacement of any component part or parts or the correction or repair of any defect or defects, would be a firearm within the meaning of paragraph (a) of this definition or subparagraph (i) of this paragraph; and
(iii) Anything (being a firearm within the meaning of paragraph (a) or subparagraph (i) of this paragraph) which is for the time being dismantled or partially dismantled; and
(iv) Any specially dangerous airgun.
What is the definition of burglary and where is it found in legislation?
S231 CA1961
(1) Every one commits burglary and is liable to imprisonment for a term not exceeding 10 years who—
(a) enters any building or ship, or part of a building or ship, without authority and with intent to commit an imprisonable offence in the building or ship; or
(b) having entered any building or ship, remains in it without authority and with intent to commit an imprisonable offence in the building or ship.
What is the definition of rape and where is it found in legislation?
S128(2) CA1961
Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis,—
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.
What is the definition of unlawful sexual connection and where is it found in legislation?
S128(3) CA1961
Person A has unlawful sexual connection with person B if person A has sexual connection with person B—
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.
What is the definition of controlled drug and where is it found in legislation?
S2 MODA 1975
Controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3; and includes any controlled drug analogue.
What is the definition of grievous bodily harm and where is it found in legislation?
No Act/Section
GBH can be defined simply as “harm that is really serious”.
What is the definition of injury and where is it found in legislation?
S2 CA1961
To injure means to cause actual bodily harm.
What was held in R v Cox (consent)?
Consent must be full, voluntary, free and informed… Freely and voluntarily given by a person in a position to form a rational judgement.
What was held in 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.
What was held in R v Waaka?
A fleeting or passing thought is not sufficient, there must be a firm intent of purpose to effect an act.
What was held in R v Strawbridge?
It is not necessary for the Crown to establish knowledge on the part of the accused. In the absence of evidence tot he contrary knowledge on her part will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.
What was held in Police v Emerali?
The seriousness of possessing a narcotic does not extend to some minute and useless residue of the substance.
What was held in R v Gutuama?
Under the objective test the Crown must prove that “no reasonable person in the accused’s shoes could have thought the complainant was consenting.”
What was held in R v Koroheke?
The genitalia comprise the reproduction organs, interior and exterior… They include the vulva and the labia, both interior and exterior at the opening of the vagina.
What was held in 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.
What is the definition of theft and where is it found in legislation?
S219(1) CA1961
Theft or stealing is the act of,—
(a) dishonestly and without claim of right, taking any property with intent to deprive any owner permanently of that property or of any interest in that property; or
(b) dishonestly and without claim of right, using or dealing with any property with intent to deprive any owner permanently of that property or of any interest in that property after obtaining possession of, or control over, the property in whatever manner.
What is the definition of property and where is it found in legislation?
S2 CA1961
Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.
What is the definition of vehicle and where is it found in legislation?
S2 LTA 1998
Vehicle means a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
What is the definition of building and where is it found in legislation?
S231(2) CA1961
Building means any building or structure of any description, whether permanent or temporary; and includes any tent, caravan or houseboat; and also includes any enclosed yard or closed cave or closed tunnel.
What is the definition of penetration and where is it found in legislation?
No Act/Section
Introduction and penetration have the same meaning.
S2(1A) CA1961
For the purposes of paragraph (a) of the definition in subsection (1) of sexual connection, introduction to the slightest degree is enough to effect a connection.
What was held in R v Tihi?
In addition to one of the specific intents outlined in paragraphs (a) (b) (c) “it must be shown that the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to risk of suffering it.”
