Definitions

Question 1

Ideal Possession (Actual)

Answer 1

The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:

• complete physical control over it
• knowledge of its existence, it’s situation and it’s qualities

Question 2

Constructive Possession

Answer 2

Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.

Question 3

Intent

Answer 3

A person does something “intentionally” if they mean to do it; they desire a specific outcome and they act with an aim or purpose of achieving it.

Question 4

R v Mohan

Answer 4

Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence…”

Question 5

R v Waaka

Answer 5

A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”.

Question 6

Reckless

Answer 6

Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.

Question 7

R v Harney

Answer 7

“[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 8

Consent

Answer 8

“Consent” is a person’s conscious and voluntary decision to do something desired or proposed by another.

Question 9

R v Cox

Answer 9

Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgement.”

Question 10

Assault (s2 CA 1961)

Answer 10

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; and to assault has a corresponding meaning.

Question 11

Person

Answer 11

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 12

Knowledge

Answer 12

Knowing means “knowing or correctly believing”
-Simester and Brookbanks

The defendant may believe something wrongly, but cannot “know” something that is false.

Question 13

Actual Possession

Answer 13

Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.