Definitions Flashcards
Intent is?
A deliberate act with the aim to get a specific result, more than accidental or involuntary.
Recklessness is?
The conscious and deliberate taking or an unjustified risk.
Fire is?
The result of the process of combustion. Where fuel, oxygen and heat are combined to release heat and light energy and various other byproducts.
Explosive is?
Section 2(1) of the Arms Act 1983 defines explosives as:
- any substance or mixture or combination of substances which in its normal state is capable of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect.
An explosion is?
A sudden expansion owning to a release of internal energy.
Property is?
Any real and personal property, and any estate or interest in any real and personal property.
Immovable property is?
Property is considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it moveable with the expenditure of labour. Such as land and houses or things growing on land such a Forests.
Claim of right definition in section 2 of the Crimes Act 1961?
A belief at the time of the act in a proprietary or possessory right in the property. This belief can be based on ignorance or mistake.
A vehicle is defined as:
In section 2(1) land transport act 1998:
- a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved. Includes a hovercraft, skateboard and roller skates.
Dose not include a pushchair, shopping trolly, lawnmower, furniture or an rail vehicle.
Benefit definition?
Means and benefit, pecuniary advantage, privilege, property, service or valuable consideration.
An attempt to commit arson must include these two things?
- that the person intended to commit the offence.
- that they took real and substantial steps towards achieving that aim.
Sufficiently proximate acts as referred to in the American Penal Code include?
- lying in wait, searching for or following a victim.
- enticing the victim to the scene of the contemplated crime.
- unlawfully entering a structure in which it is contemplated that the crime will be commuted.
- fabrication or collection of materials to be used in the crime.
- soliciting an innocent agent to engage in conduct constituting an element of the crime.
Sufficiently proximate
Has so many variables it Is a matter for the court to decide, however means “how close” someone is to committing the full offence.
The court will analyse the defendants conduct at the time with the evidence of his intent based on the circumstances and any steps taken leading up to that point.
Obtain definition?
Obtain In relation to any person means obtain or retain for him or herself or any other person
