Common Case laws, definitions Flashcards
Define - Assault
Assault – s2 Crimes Act 1961 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 grounds that he has, present ability to effect his purpose; and to assault has a corresponding meaning.
Define - Consent & R v Cox
Consent is a person’s conscious and voluntary agreement to 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 a position to form a rational judgment”
Define - Intent
R v Mohan
R v Waaka
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 “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”
Define - Person
Gender neutral. Proven by judicial notice or circumstantially.
Define - Recklessness R v Harney
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.
Define - Knowledge
Knowing / Knowledge means “knowing, or correctly believing” … a person can believe something that is incorrect but cannot know something that is wrong. Simester and Brookbanks
R v Harpur
R v Harpur
The Court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops … the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative.
Define - Property (s2 CA61)
Property - Section 2 Crimes Act 1961
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.
Define - Claim of Right (s2 CA61)
Claim of Right - s2, Crimes Act 1961
In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
Discuss - Possession Warner v Metropolitan Police Commissioner
Possession Possession can be actual or constructive Actual Possession Arises where the thing in question is in a person’s actual custody. It is on or about their person, or immediately at hand. Warner v Metropolitan Police Commissioner Ideal Possession is: - complete physical control - knowledge of its existence, situation and qualities He has received it from a person who intends to confer possession of it, and he has himself the intention to possess it exclusively of others. 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.
Define obtain.
Obtain s217 CA61
In relation to any person, means obntain or retain for himself or herself or any other person.
Define Child
Child s4 EA06
Means a person under the age of 18 years.
