Definitions Flashcards
Define intent
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.
Define grevious bodily harm
Harm that is really serious
Define Maiming
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.
Define Disfigures
To deform or deface; to mar or alter the figure or appearance of a person
Define Injury
Cause actual bodily harm
Define social unity in regard to risk
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
Define Facilitate
Means to make possible, or to make easy or easier
Define ‘avoid detection’
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.
Define Render unconscious
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.
Define Violent Means
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.
Define assault
- 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
Define Discharge
To fire or to shoot
Define Firearm
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
Define explosive
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
Define ‘sets fire’
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.
Define property
Property includes real and personal property, and any estate or interest in any real or personal property.
Define ‘Uses in any manner whatever’
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
Define Knowing
Knowing means correctly believing.
The Defendant may believe something wrongly but cannot know something that is false.
Simester and Brookbanks
Define Prima Facie
In this context, the Latin phrase ‘prima facie’ means ‘at first appearance’
Define military style semi-automatic weapon
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….
Define Pistol
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.
Define restricted weapon
Large list, refer to page 37 of module book.
Define theft
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.
Define dishonestly
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.
Define Claim of right
A belief at the time of the act in a proprietary or possessory right in property in relation to the offence.
Define Control
To control something means to exercise authoritative or dominating influence over it.
Define Ownership
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
Define Violence
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.
Define Extort
To extort means to obtain by violence, coercion or intimidation or to extract forcibly.
Define Prevent and Overcome
Prevent means to keep from happening and to overcome means to defeat, to prevail over, to get the better of in a conflict.
Define ‘Being armed with’
The term “being armed with” means that the defendant is carrying the item or has it available for immediate use as a weapon.
Define Offensive Weapon
Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.
Define Instrument
Includes any item intended to be used as a weapon or to intimidate and overbear the victim’s will to resist.
Define Disclosure
“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
Define Obtain
To obtain or retain for himself or herself or for any other person.
Define Benefit
Receiving property, service, valuable consideration or pecuniary advantage.
Define Pecuniary Advantage
Means an economic advantage or a financial gain or benefit, an enhancement of a person’s financial position.
Define Privilege
Means a special right or advantage and need not be a financial one.
Define Valuable Consideration
Means money or moneys worth
Define Execute
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.
Define Document
a thing which provides evidence or information or serves as a record.
Define Unlawfully
Without lawful justification, authority or excuse.
Define ransom
A sum of money paid for the release of a person being held captive
Define Hold to Service
To keep the victim as a servant or slave
Define Confining
Resticting their movements to within a geographical area, includes curtilating their activity and exercising control and influence over them
Define Imprisoned
to imprison or to confine them EG putting them in boot of a car
