Definitions

Question 1

Intent

Answer 1

A person does something intentionally if they mean to do it, they desire a specific result and act with the aim and purpose of achieving it.

Question 2

R v Mohan

Answer 2

A decision to bring about in so far as it lies within the accused’s power, the commission of the offence”

Question 3

R v Waaka

Answer 3

“A fleeting of Passing thought” is not sufficient, there must be a “firm intent of a firm purpose to effect an act”

Question 4

Reckless

Answer 4

A conscious and deliberate taking of an unjustifiable risk

Question 5

R v Harney

Answer 5

Recklessness involves “Foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.”

Question 6

Damages by fire

Answer 6

Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight. Melting, blistering of paint or significant smoke damage may be sufficient

Question 7

R v Archer

Answer 7

Property maybe damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value

Question 8

Explosive

Answer 8

Section 2 Arms Act 1983
Any substance or mixture or combination of substances in its normal state is capable of decomposition at such a rapid rate as to cause an explosion or produce a pyrotechnic effect, Includes gunpowder, gelignite, detonators
Does not include, firearms or fireworks

Question 9

Property

Answer 9

Section 2 Crime Act 1961
Includes any real or personal property or any estate or interest in any real or personal property “Money, electricity” or any debt or anything in action or any other right or interest

Question 10

Knowledge

Answer 10

Simester Brookbanks
Knowing means “Knowing or correctly believing” the defendant may believe something wrongly, but can not know something that is false.

Question 11

Danger to Life

Answer 11

In the context means human life, and the danger must be to the life of someone other then the defendant

Question 12

Claim of right

Answer 12

Section 2 Crimes Act 1961
In relation to any act, is 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 any other matter of law other then the enactment against which the offence is alleged to have been committed.

Question 13

Immovable Property

Answer 13

Property will be considered immovable if it is currently fixed in place or unable to be moved, even though it may be possible to make it movable. In general, it relates to building and land and anything growing on land such as forests.

Question 14

Vehicle

Answer 14

Section 2 Land Transport Act 1998

Any contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved

Question 15

Ship

Answer 15

Section 2 Crimes Act 1961
Every description of a vessel used in navigation, however propelled, and includes barges, lighters, dinghy, raft or like vessel and also includes any ship belonging to or used as a ship of the armed forces of any country

Question 16

Aircraft

Answer 16

Section 2 Civil Aviation Act 1990
Any machine that can derive support in the atmosphere from the reaction to the air otherwise then by the reaction to the air against the surface of the earth.

Question 17

Obtain

Answer 17

Section 217 Crimes Act

Obtain or retain for himself or herself or any other person

Question 18

Benefit

Answer 18

Section 267(4) Crimes Act 1961
Any Benefit, pecuniary advantage, privilege, property service or valuable consideration

Question 19

R v Morley

Answer 19

“loss… is assessed by the extent to which the complainant position prior to the (offence) has been diminished or impaired”

Question 20

Person

Answer 20

Gender neutral, proven by judicial notice or circumstantial evidence

And/Or

Section 2 Crimes Act 1961
Legislation provides a wider definition of the term person that incorporates not only real people but also Companies and other organisations

Question 21

R v Hallam

Answer 21

On a charge of Knowingly having possession of an explosive substance, it must be proved that the offender knowingly had the substances in his possession and that he knew it to be an explosive substances.

Question 22

R v Wilson

Answer 22

It is well establish that a tenancy is an interest in land, a tenant of a property or a person that holds any qualifying interest, In the absence of any of the aggravated features, cannot be convicted or arson

Question 23

R v Harpur

Answer 23

“(the court may) have regard to the conduct viewed cumulatively up to the point when the conduct in question stops… the defendants conduct (may) be considered in it entirety. considering how much remains to be done… is always relevant, though not determinative).