Definitions Flashcards
Maim meaning
At common law, maiming was described as “depriving another of the use of such of his members as may render him the less able in fighting, either to defend himself or to annoy his adversary”.
Disfigure meaning
To “disfigure” means “to deform or deface; to mar or alter the figure or appearance of a person”.
Injure meaning
The term “to injure” is defined in s2 of the Crimes Act 1961.
To injure means to cause actual bodily harm.
Actual bodily harm meaning
Actual bodily harm may be internal or external, and it need not be permanent or dangerous.
Grievous bodily harm meaning
Grievous bodily harm can be defined simply as “harm that is really serious”.
Recklessness meaning
Section 188(2) includes the offence of wounding, maiming etc “with reckless disregard for the safety of others”. Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.
Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.
It must be proved not only that the defendant was aware of the risk and proceeded regardless (a subjective test), but also that it was unreasonable for him to do so (an objective test).
facilitate meaning
To “facilitate” means to make possible, or to make easy or easier.
Stupefies meaning
The Court in this matter held that to “stupefy” means to cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime.”
Firearm meaning
means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive; and
The term “firearm” and “airgun” are defined by Section 2 Arms Act 1983, the primary difference being that a firearm acts by force of explosive, whereas an airgun acts by force of compressed air or gas.
Property meaning
The term “property” is defined by s2 of the 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.
Dishonestly meaning
Dishonestly, in relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority
Claim of right meaning
Claim of right, 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.
ownership meaning
‘Ownership’ for the purposes of theft, is defined by s218 of the Crimes Act 1961.
For the purposes of this Part, a person is to be regarded as the owner of any property that is stolen if, at the time of the theft, that person has—
(a) possession or control of the property; or
(b) any interest in the property; or
(c) the right to take possession or control of the property
Extort meaning
To “extort” means “to obtain by violence, coercion or intimidation or to extract forcibly.” [Oxford Dictionary].
Extortion implies an overbearing of the will of the victim. Thus, if the threats have not in fact affected the will of the victim, there is no robbery.
Being together with meaning
There must be proof that, in committing the robbery, the defendant was part of a joint enterprise by two or more persons who were physically present at the robbery.
Each must share an intent to steal using their collective force should that be necessary and each must play some active role in the robbery.
Obtain meaning
The term ‘obtain’ is defined in section 217 of the Crimes Act 1961 and means ‘to obtain or retain for himself or herself or for any other person’. The benefit obtained by the offender may therefore be a benefit either for the offender or for some other person.
Benefit meaning
The term ‘benefit’ is defined in section 237(3) of the Crimes Act 1961, and the definition applies not only to section 237, but also to section 239 (demanding with intent to steal)
benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration
Unlawfully meaning
In most cases of abduction and kidnapping where a person is taken against their will with one of the specified criminal intents, it will be apparent from the circumstances that the offender’s actions were unlawful.
Unlawfully means “without lawful justification, authority or excuse”.
Where the defence raises the question of lawfulness, however, it will be for the prosecution to prove the act was unlawful beyond reasonable doubt.
Taking away meaning
“Taking away” generally refers to situations where the victim is physically removed from one place to another, for example a baby that is taken from its mother at gunpoint and driven to another location to be held for ransom.
Detaining meaning
“Detaining” is an active concept rather than a passive one. It involves doing something to impose a constraint or restraint on the person detained.
Consent meaning
‘Consent’ is a person’s conscious and voluntary agreement to something desired or proposed by another.
In a criminal law context, what is relevant is true or valid consent.
Marry meaning
In this context the term “to marry” means to engage in a marriage solemnised in accordance with the provisions of the Marriage Act 1955.
