DEFINITIONS Flashcards
Definition: Intent
A deliberate act for a specific result
Collister:
The offenders words and actions before, during and after the offence.
The nature of the act itself.
And the surrounding circumstances.
Definition: Assault (short version)
Means the act of intentionally applying or attempting to apply force.
Definition: Result
Object, Purpose, Aim
Definition: Grievous Bodily Harm
Harm that is really serious
Definition: Facilitate
To make possible, easy or easier.
Definition: Detection
Being caught in the act
Definition: Stupefies
To sufficiently dull the senses such that the victim is unable to hinder the intended crime.
Definition: Renders unconscious
Render means: to ‘cause to be’ or to ‘cause to become’.
Unconscious - lose consciousness
Definition: Wounds
A wound involves the breaking of the skin and the flow of blood, either internally or externally.
Definition: Maims
Mutilating, crippling or disabling a limb or one of the senses.
There needs to be some degree of permanence.
Definition: Disfigurement
Means deform, deface or alter the appearance of a person.
Does not need to be permanent.
Definition: Injure
Actual bodily harm.
Definition: Actual bodily harm
Any part of the body. Internal, external or psychiatric. Need not be permanent or dangerous.
Definition: Recklessness
Consciously and deliberately taking of an unjustifiable risk.
Definition: Facilitate flight
More easily make their escape, or prevent their capture.
Definition: Violent means
Force that physically incapacitates a person.
Definition: Rendered incapable of resistance
A credible threat of violence. e.g. A threat coupled with the brandishing of a weapon.
Definition: Assault (full version - what must be proved)
(1) Intention to apply or attempt to apply force to another
(2) Application or attempted application of force, whether directly or indirectly
(3) Threaten to apply force in circumstances where the victim believes the offender will be able to carry out the threat.
Definition: Discharge
Fire or shoot
Definition: 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 or of producing a pyrotechnic effect
Definition: Firearm
Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive
Definition: Property
Any real or personal property
any estate or interest in
any real or personal property
money, electricity and
any debt and
any thing in action
any other right or interest.
Definition: Constable
Policing Act 2008
Holds the office of constable or any level of position within New Zealand Police.
Definition: Acting in the course of duty?
(s198A)
Every lawful act a Constable does while on duty.
And may include where obliged to exercise police duties while off duty.
Definition: Knowing
Correctly believing
CA61 s198B
Definition: Has with him
At that time
Available and at hand
for use while committing an imprisonable offence.
CA61 s198B
Definition: ‘Prima Facie’
(Regarding prima facie circumstances showing intention to use the firearm)
Prima Facie - At first appearance
Prima Facie circumstances are those which are SUFFICIENT TO SHOW AN INTENT in the absence of evidence to the contrary.
Definition: Pistol
Anything under 762mm
Definition: Restricted Weapon
Any weapon declared by the Governor General, to be a restricted weapon.
(Whether a firearm or not).
Definition: Specially dangerous airgun
Any airgun declared so by the Governor-General
Definition: Specified Pre Charged Pneumatic air rifles
Those PCP’s not used for airsoft or paintball sports.
Definition: Occupier or Driver deemed to be in possession
Every occupier of land or driver of a vehicle where a:
Firearm Airgun Pistol Imitation firearm Restricted weapon, or Explosive
is found.
Shall be deemed to be in possession of it.
Unless he proves it was not his property and it was in the possession of some other person.
Definition: discharge
Fire or shoot
Definition: 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 or of producing a pyrotechnic effect
Definition: Dishonestly
Dishonestly, in relation to an act or omission, means:
Done without a belief that
there was express or implied consent
from a person entitled to give such consent or authority
Definition: Benefit
benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration
Definition: Claim of right
A genuine belief at the time in a proprietary or possessory right to the property in relation to the offence.
Definition: Taking
Move with intent to steal it
Definition: Control
Authoritative or Dominating Influence
Definition: Property
Any real and personal property
Any estate or interest in
Any real or personal property
money, electricity
Any debt
Any thing in action
Any other right or interest
Definition: Ownership as per s218
The 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
Definition: Extort
Obtain by violence, coercion, or intimidation
Definition: Prevent
Keep from happening
Definition: Overcome
Defeat or prevail
Definition:
Offensive weapon
Any article
Made or altered
For use for causing bodily injury
Or intended by the person having it
For such use
Definition:
Assault?
Assault means:
The act of
Intentionally applying or attempting to apply
Force to the person of another
Directly or indirectly
Or threatening
By 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
