Common definitions case law Flashcards
What is possession?
Maybe actual or constructive
What is actual possession?
Actual possession arises where the thing in question is in a persons physical custody it is on or about the person or immediately at hand
What is ideal possession?
It is complete physical control or knowledge of existence it’s situation and its qualities. Warner versus Metropolitan police commissioner
What is constructive possession?
Constructive possession arises when something is not in a persons physical custody, but they have ready access to it or can exercise control over it.
What is intent?
A person does something intentionally if they mean to do it, they desire a specific result and act with the aim purpose of achieving it.
Intent. R v Mohan
Intent involves a decision to bring about, in so far as it lies with in the accused power, The commission of the offence.
Intent. 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
Definition of recklessness.
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
Definition of consent.
Consent is a person is conscious and voluntary agreement to do something desired or proposed by another.
Consent. 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.
Definition of an 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 grounds that he has present ability to effect his purpose.
What is a person?
A person is gender neutral. Proved by judicial notice or circumstantially.
What is knowledge?
Knowing means knowing or correctly believing.
What is knowledge as defined by Simester and Brookbanks. Principles of criminal law
The defendant may believe something wrongly but cannot know something that is false.
