Definitions

Question 1

Benefit

Ca1961 sec267/4

Answer 1

Benefit, pecuniary advantage, privileges, property, service, or valuable consideration.

Question 2

Claim of right

Ca1961 sec 2

Answer 2

In relation to any act, means a belief at the time of the act in a proprietary or possessory right in the property, in relation to which the offence is all edged to have been committed. Although the belief maybe 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 3

Intention

Answer 3

An intent to do a specific act to achieve a specific result.

Question 4

Property

Ca1962 s2

Answer 4

Includes real and personal property and any estate or any real or personal property, money, electricity and any dept, anything in action and any other right or interest.

Question 5

Obtain

Answer 5

Obtain or retain for himself or herself or any other person.

Question 6

Subjective and objective tests

Answer 6

What was the defendant thinking at the time. (Subjective)

What would a reasonable person have thought in the circumstances, would a reasonable person have recognised the risk. (Objective)

Question 7

Ship

Ca1961 s2

Answer 7

Means every description of vessel used in navigation and however propelled.

Includes
Barge, lighter, dingy, raft, or like vessel.

Question 8

Aircraft

Caa 1990 s2

Answer 8

Means any machine that can derive support in the atmosphere from the reactions of the air otherwise that by the reactions of the air against the surface of the earth.

Question 9

Explosive

Arms act 1983 s2

Answer 9

Any substance or mixture or combination of substances which in its natural state is capable either of decomposition at such a rapid rate as 2 result in an explosion or of producing a pyrotechnic effect. Includes gunpowder, coloured flares, fuses, rockets etc.