Common case law and definitions

Question 1

Claim of right

Answer 1

Crimes Act 1961 Section 2

In relation to any act, means a belief at the time of the act, in a proprietory or possessory right in property in relation to which the offence is alleged to be committed although that belief may be based on ignorance, mistake of fact or any other matter of law other than which the offence is alleged to have been committed.

Question 2

Assault

Answer 2

The act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by 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 grounds he has, present ability to effect his purpose.

Question 3

Property

Answer 3

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.

Question 4

Firearm

Answer 4

Arms Act 1983 Section 2

Firearm

(a) Means anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive.
(b) Includes
(i) Anything that has been adapted so that it can be used to discharge any 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 replacement of any component part or parts or the correction or repair of any defect or defects, would be a firearm within the definition of paragraph (a) of this definition or sub paragraph (i) of this paragraph; and
(iii) Anything ( being a firearm within the meaning of paragraph (a) of this definition or sub paragraph (i) of this paragraph) which is being dismantled or partially dismantled; and
(iv) Any specially dangerous air gun.

Question 5

Air gun

Answer 5

Arms Act 1983 Section 2

Air gun includes:

Any air rifle

Any air pistol

Any weapon from which by the use of gas or compressed air ( not by force of explosive) any shot bullet missile or other projectile can be discharged.

Question 6

R v Mohan

Answer 6

R v Mohan [1976]

Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence …”

Question 7

R v Waaka

Answer 7

R v Waaka

A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”.

Question 8

Intent

Answer 8

Simester & Brookbanks: Principles of Criminal Law

A person “intends to do an action (or to bring about some consequence) if he wants to do that action (or to bring about that consequence) … and he behaves as he does because of that desire.”

Question 9

Fire

Answer 9

Fire is the result of the process of combustion , a chemical reaction between fuel and oxygen, triggered by heat. For fire to start or continue, each of the three elements - fuel, oxygen and heat - must be present in the correct proportions.

Question 10

Sullivan v Earl of Caithness

Answer 10

Sullivan v Earl of Caithness

“[Possession includes} not merely those who have physical custody of firearms … but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at [another location].”

Question 11

R v Taisalika

Answer 11

R v Taisalika

The nature of the blow and the gash which it produced on the complainants head would point strongly to the presence of the necessary intent.

Question 12

Warner v Metropolitan Police Commissioner

Answer 12

The term possession must be given a sensible and reasonable meaning in it’s context. Ideally a possessor of a thing has:

• complete physical control over it
• knowledge of it’s existence, it’s situation and it’s qualities

Question 13

R v Forrest and Forrest

Answer 13

R v Forrest and Forrest

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.

Question 14

Maims

Answer 14

Common Law

A loss of a limb or one of the senses.

Question 15

Disfigures

Answer 15

Common Law

To disfigure means to deform or deface, to mar or alter the appearance of a person.

Question 16

R v Rapana and Murray

Answer 16

The word disfigure covers not only permanent damage but also temporary damage.

Question 17

DPP v Smith

Answer 17

Bodily harm requires no explanation and grievous means no more and no less than really serious.

Question 18

Grievous Bodily Harm

Answer 18

GBH

Harm that is really serious.

Grievous refers to the degree of harm rather than the nature of it.

Question 19

R v Waters

Answer 19

A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will be normally evidenced by a flow of blood and in it’s occurrence at the site of a blow or impact the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of the tissues, may be internal.

Question 20

Injure

Answer 20

Crimes Act 1961 Section 2

To injure means to cause actual bodily harm.

Question 21

R v Donovan

Answer 21

Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim, it need not be permanent, but must, no doubt, be more than merely transitory or trifling.

Question 22

R v Harney

Answer 22

R V Harney

Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue with a course of conduct regardless of the risk.

Question 23

R v Tihi

Answer 23

R v Tihi

In addition to one of the specified intents outlined in paragraphs (a), (b) or (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 the risk of suffering it.

Question 24

R v Cox

Answer 24

R v Cox

Consent must be full, informed, free and voluntary. Freely and voluntarily given by a person in a position to make a rational judgement.