Definitions Flashcards
Two specific intentions in an offence
Intention to commit a specific act and intent to produce a specific result.
Psychiatric harm
Bodily harm in s188 includes really serious psychiatric injury identified as such by appropriate specialist evidence.
Maims
Depriving another of the use of their members as may render them less able
Disfigure
To deform or deface pr to alter the appearance of
Doctrine of transferred malice
Where the defendant mistakes the identity of the person injured, or where the harm intended on someone is accidentally inflicted on another, he is still criminally liable.
To injure
To cause actual bodily harm
Recklessness
The conscious and deliberate taking of an unjustified risk
Facilitate
Make possible or to make easier.
Discharge
To fire or shoot
Explosive
Any substance, combination or mixture which in it it’s normal state is capable of either decomposition at such a rate as to cause an explosion or producing a pyrotechnic effect
Firearm
Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive. Includes any thing adapted to do so, anything which would be upon completion or or repair, and any firearm which is for the time dismantled.
Airgun
Any air rifle, air pistol or any weapon from which any shot, bullet, missile or other projectile can be discharged by the use of gas or compressed air.
Use in any manner whatever
Includes firing or handling the firearm so as to convey an implied threat of it’s further use, or to use it in ways not normally used, such as a club.
Prime facie
At first appearance
Dishonestly
Without a belief of express or implied consent or authority by someone entitled to do so.
Claim of right
Belief at the time in a proprietary or possessory right to the property, in relation to which the offence was committed. May be based on ignorance or mistake.
Control
To exercise authoritative or dominating influence over it.
Threat of violence
The manifestation of an intention to inflict violence unless the thing is handed over. The threat may be direct or veiled and conveyed by words, conduct or both.
Extort
To obtain by violence, coercion or intimidation or to extract forcibly.
Offensive weapon
Anything made or altered, intended, or capable of causing bodily injury.
Assault (Intent to rob)
Intentionally applying or attempting to apply force to another, directly or indirectly, or threatening by any act or gesture.
Unlawfully
Without lawful justification, authority or excuse
Taking away
Physically removed from one place to another
Consent
A conscious and voluntary agreement to something desired or proposed by another.
Duress
Duress may arise from the actual or implied threat of force to the victim or another. Can include other forms of pressure or coercion.
Confining
Restricting movements, curtailing activity and exercising control and influence over them.
Imprison
Narrower meaning than confine, e.g locked in a room or the boot of a car.
Entice
Tempt, persuade, or attract by a rousing hope or desire.
