Definitions Flashcards
INTENT
Intent
A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it.
R v MOHAN
Intent involves a decision to bring about in so far as it lies within the accused’s power, the commission of the offence.
R v WAAKA
A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act.
R v MOHI
Offence is commited at the time of the taking away, so long as there is at the moment the necessary intent. Crown does not need to show that the intent was carried out.
RECKLESSNESS
Recklessness
A conscious and deliberate taking of an unjustifiable risk.
R v HARNEY
Foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.
CONSENT
Consent
A person’s conscious and voluntary agreement to do something desired or
proposed by another.
R v COX
Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person in a position to form a rational judgement
KNOWLEDGE
Knowledge
The accused must have knowledge that the person that they are being an accessory to was party to an offence at the time of assisting them.
SIMESTER AND BROOKBANKS: PRINCIPLES OF CRIMINAL LAW
Knowing means “correctly believing.” The defendant may believe something wrongly but cannot “know” something that is false.
PROPERTY
Property - Section 2 Crimes Act 1961
Includes any real or personal property, and any estate or interest in any real or personal property (money/electricity), and any debt, and any thing in action, and any other right or interest.
PERSON
Person
Gender neutral, proven by judicial notice or circumstantial evidence.
CLAIM OF RIGHT
Claim of Right - Section 2 Crimes Act 1961
In relation to any act means a belief at the time of the act, in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
ASSAULT
Assault – Section 2, Crimes Act 1961
assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any 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.
