Definitions

Question 1

Intent

Answer 1

In a criminal law context there are two specific types of intention in an offence. Firstly, there must be an intention to commit the act and secondly, the intention to get a specific result.

Question 2

Any person/ to any one

Answer 2

Gender neutral. proven by judicial notice or circumstantial evidence

Question 3

Bodily harm

Answer 3

“Bodily harm” need no explanation and “grievous” means no more or no less than “really serious”.

DPP V Smith

Question 4

Obtain

Answer 4

In relation to any person, means obtain or retain for himself or herself or for any other person.

Question 5

Wound

Answer 5

A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will be normally evidenced by flow of blood and in its occurrence at the site of the blow or impact, the wound will more often that not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.

R v Waters

Question 6

Maims

Answer 6

Will involve mutilating, crippling or disabling part of the body so victim is deprived of the use of a limb or one of the senses. Needs to be some degree or permanence.

Question 7

Disfigures

Answer 7

To “disfigure” means “to deform or deface; to mar or alter the figure or appearance of a person”

The word “disfigure’ covers “not only permanent damage but also temporary damage”.

R v Rapana and Murray

Question 8

Injure

Answer 8

Section 2 CA Act 1961

Means to cause actual bodily harm.

‘Bodily harm’… includes any hurt or injury calculated to interfere with the health or comfort of (the victim)… it need not be permanent, but must, no doubt, be more than merely transitory and trifling.
R v Donovan

Question 9

Property

Answer 9

Includes 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.

Question 10

Dishonestly

Answer 10

In relation to an act or omission, means done or omitted without a belief that there was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.

Question 11

Claim or right

Answer 11

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.

Question 12

Document

Answer 12

S217 CA Act 1961
•Paper/material containing anything that can be read
•photos, negatives and related items
•discs, tapes, cards or other devices/equipment on which information is stored and can be reproduced

“Essentially a document is a thing which provides evidence or information or serves as a record.”
R v Misic

Question 13

Consent

Answer 13

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

R v Cox

Question 14

Assault

Answer 14

S2 CA 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.

Question 15

Indecency

Answer 15

An act that is “indecent” has sexual connotations and involves conduct directly at a person that is offensive to public moral values.

Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of (the complainant)”
R v Court

Question 16

Penetration

Answer 16

Introduction and penetration have the same meaning.

Sec 2(1A) CA Act 1961
Introduction to the slightest degree is enough to effect a connection.

Proof required:
•the complainants evidence
•medical examination (DNA, injuries)
•accused’s admissions

Question 17

Genitalia

Answer 17

Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female, or of indeterminate sex)

The genitalia comprise the reproduction organs, interior and exterior… they include the vulva (and) the labia, both interior and exterior, at the opening of the vagina.
R v Koroheke