Definitions

Question 1

Define intent

Answer 1

There are two specific types of intent.

Firstly, there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 2

Define grevious bodily harm

Answer 2

Harm that is really serious

Question 3

Define Maiming

Answer 3

Mutilating, crippling or disabling a part of the body so as to deprive the Victim of the use of a limb or of one of the senses.

Question 4

Define Disfigures

Answer 4

To deform or deface; to mar or alter the figure or appearance of a person

Question 5

Define Injury

Answer 5

Cause actual bodily harm

Question 6

Define social unity in regard to risk

Answer 6

The Supreme Court in Cameron held that if the actions of the defendant have no social utility, the running of any risk subjectively appreciated is Cameron Violence Offences unreasonable and thus reckless.

Where there is some social utility in the actions of the defendant, whether those actions were unreasonable will
depend on “whether a reasonable and prudent person would have taken the risk”.

An example of no social utility: game of ‘Russian roulette’ or personal violence with a risk of serious injury or death.

An example of high social utility: surgeon undertaking a risky but
potentially lifesaving surgery

Question 7

Define Facilitate

Answer 7

Means to make possible, or to make easy or easier

Question 8

Define ‘avoid detection’

Answer 8

Offences under s191(1)(b) arise during the commission of an imprisonable offence, where the offender causes the specified harm to prevent himself or
another person from being “caught in the act”.

For example, a “look out” knocks a security guard unconscious to prevent him from walking in on a burglary in progress.

Question 9

Define Render unconscious

Answer 9

To “render” means to “cause to be” or “cause to become”.

To render a person ‘unconscious’, the offender’s actions must cause the victim to lose consciousness.

Question 10

Define Violent Means

Answer 10

The term “violent means” includes the application of force that physically
incapacitates a person, such as tying the victim’s hands and feet or inflicting debilitating injuries.

However, the term “violent means” is not limited to physical violence and may include threats of violence, depending on the circumstances.

Question 11

Define assault

Answer 11

• Intention to apply or attempt to apply force to another
• Application or attempted application of force, whether directly or indirectly or
• Threaten to apply force in circumstances where the victim believes the offender will be able to carry out the threat

Question 12

Define Discharge

Answer 12

To fire or to shoot

Question 13

Define Firearm

Answer 13

The primary difference between firearm and airgun is that being a firearm acts by force of explosive, whereas an airgun acts by force of compressed air or gas

Question 14

Define explosive

Answer 14

means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion

Question 15

Define ‘sets fire’

Answer 15

Often involves burning or charring, it is not necessary that the property be set alight. Also includes melting, blistering of paint or significant smoke damage.

Question 16

Define property

Answer 16

Property includes real and personal property, and any estate or interest in any real or personal property.

Question 17

Define ‘Uses in any manner whatever’

Answer 17

The primary meaning of the word ‘use’ in relation to a firearm, is to fire it. However the words ‘in any manner whatever’ widen the definition to include a range of acts that stop short of actually shooting at an officer

Question 18

Define Knowing

Answer 18

Knowing means correctly believing.

The Defendant may believe something wrongly but cannot know something that is false.

Simester and Brookbanks

Question 19

Define Prima Facie

Answer 19

In this context, the Latin phrase ‘prima facie’ means ‘at first appearance’

Question 20

Define military style semi-automatic weapon

Answer 20

A firearm (other than a pistol) that is
- Semi-automatic having 1 or more of the following features
(i) Folding or telescope butt
(ii) A magazine designed to hold 0.22-inch rimfire cartridges and can hold more that 15 cartridges.
(iii) a mag that can hold more than 7 cartridges or is detachable and can hold more than 10 cartridges.

And more….

Question 21

Define Pistol

Answer 21

Firearm that is designed or adapted to to be held and fired with one hand; and includes any firearm that is less than 762mm in length.

Question 22

Define restricted weapon

Answer 22

Large list, refer to page 37 of module book.

Question 23

Define theft

Answer 23

Dishonestly and without claim of right, takes any property with intent to deprive any owner permanently of that property or of any interest in that property.

Question 24

Define dishonestly

Answer 24

Any act or omission, done or omitted without a belief that there was express or implied consent from a person entitled to give such consent or authority.

Question 25

Define Claim of right

Answer 25

A belief at the time of the act in a proprietary or possessory right in property in relation to the offence.

Question 26

Define Control

Answer 26

To control something means to exercise authoritative or dominating influence over it.

Question 27

Define Ownership

Answer 27

Person is regarded as the owner if:
- Possession or control of the property
- Any interest in the property
- The right to take possession or control of the property

Question 28

Define Violence

Answer 28

In the context of robbery, violence must involve more than a minimal degree of force and more than a technical assault, but need not involve the infliction of bodily injury.

Question 29

Define Extort

Answer 29

To extort means to obtain by violence, coercion or intimidation or to extract forcibly.

Question 30

Define Prevent and Overcome

Answer 30

Prevent means to keep from happening and to overcome means to defeat, to prevail over, to get the better of in a conflict.

Question 31

Define ‘Being armed with’

Answer 31

The term “being armed with” means that the defendant is carrying the item or has it available for immediate use as a weapon.

Question 32

Define Offensive Weapon

Answer 32

Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.

Question 33

Define Instrument

Answer 33

Includes any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resist.

Question 34

Define Disclosure

Answer 34

“Disclosure” does not need to relate to criminal offending and will extend to revelation of information which would cause serious embarrassment or emotional distress.

The disclosure does not need to relate to the person from who the demand is made: R v Redman

Question 35

Define Obtain

Answer 35

To obtain or retain for himself or herself or for any other person.

Question 36

Define Benefit

Answer 36

Receiving property, service, valuable consideration or pecuniary advantage.

Question 37

Define Pecuniary Advantage

Answer 37

Means an economic advantage or a financial gain or benefit, an enhancement of a person’s financial position.

Question 38

Define Privilege

Answer 38

Means a special right or advantage and need not be a financial one.

Question 39

Define Valuable Consideration

Answer 39

Means money or moneys worth

Question 40

Define Execute

Answer 40

To execute a document is normally to do what the law requires to give validity to the document. It is not confined to the signing or doing something to the face of the document.

Entry of data in a computer program may amount to “execution” of a document.

Question 41

Define Document

Answer 41

a thing which provides evidence or information or serves as a record.

Question 42

Define Unlawfully

Answer 42

Without lawful justification, authority or excuse.

Question 43

Define ransom

Answer 43

A sum of money paid for the release of a person being held captive

Question 44

Define Hold to Service

Answer 44

To keep the victim as a servant or slave

Question 45

Define Confining

Answer 45

Resticting their movements to within a geographical area, includes curtilating their activity and exercising control and influence over them

Question 46

Define Imprisoned

Answer 46

to imprison or to confine them EG putting them in boot of a car