Definitions

Question 1

Intentionally

Answer 1

An act or omission done deliberately to:
A) commit the act
B) Get a specific result

Question 2

Reckless

Answer 2

Cameron v R:

Recklessness is established if the defendant recognised that there was a real possibility that their actions would bring about the proscribed result or that the proscribed conditions existed, and having regard to teh risk, those actions were unreasonable.

Question 3

Damage by Fire

Answer 3

The damage must be causally linked to a fire. This includes scorching, charring, melting, blistering of paint or significant smoke damage.

Fire is a combustion reaction between a fuel and oxygen triggered by heat.

Question 4

Property

Answer 4

Real and personal property

S2(1) Crimes Act 1961

Question 5

Without claim of right

Answer 5

Without belief to a proprietory or possessory right to property at the time the act is committted. The belief can be incorrect.

S2(1) Crimes Act 1961

Question 6

Immovable property

Answer 6

Real and personal property that is fixed in place and is unable to be moved without considerable effort.

Question 7

Vehicle

Answer 7

A contrivance equipped with wheels tracks or revolving runners on which is moves or is moved.

S2(A) LTA 1998

Question 8

Ship

Answer 8

Any vessel that is used for navigation

Question 9

Aircraft

Answer 9

Any machine that can derive support in the atmostphere.

Question 10

No interest

Answer 10

A person neither owns nor leases nor has control of

Question 11

Loss

Answer 11

Not defined by statute - see R v Morley

Question 12

Obtain any benefit

Answer 12

Any benefit, pecuniary advantage, privilege, property, service or valuable consideration

Question 13

Grievous bodily harm

Answer 13

Really serious harm - DPP v SMITH

Question 14

Any person

Answer 14

A person recognised by judicial notice or circumstantial evidence

Question 15

Wound

Answer 15

Breaking of the skin evidenced by the flow of blood. Can be internal or external. - R v WATERS

Question 16

Maims

Answer 16

Mutilating, crippling or disabling a part of the body to deny the victim use of that limb or sense.

Question 17

Disfigures

Answer 17

Deform or deface as to alter appearance.

Question 18

Injury

Answer 18

Actual bodily harm.

S2(1) Crimes Act 1961

Question 19

Stupefies

Answer 19

Cause effect on the mind or nervous system of a person which really seriously interferes with that person’s mental or physical ability

Question 20

Dishonestly

Answer 20

Without a belief that there was expressed or implied consent.

Question 21

Takes

Answer 21

Moving the property or causing it to be moved.

Question 22

Extort

Answer 22

To obtain by coercion or intimidation

Question 23

Offensive weapon

Answer 23

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

S202A Crimes Act 1961