Definitions

Question 1

Offence

Answer 1

“Offence” and “crime” are words that are used interchangeably in statute, and
there is no material difference between them. They may be described as any
act or omission that is punishable on conviction under any enactment, and are
demarcated into four categories described in s6, Criminal Procedures Act
2011.

Question 2

Act

Answer 2

To take action or do something, to bring about a particular result

Question 3

Omission

Answer 3

the action of excluding or leaving out someone or something, a
failure to fulfil a moral or legal obligation

Question 4

Attempts

Answer 4

Every one who, having an intent to commit an offence, does or omits an act for the
purpose of accomplishing his object, is guilty of an attempt to commit the offence
intended, whether in the circumstances it was possible to commit the offence or not.
(2) The question whether an act done or omitted with intent to commit an offence is or is
not only preparation for the commission of that offence, and too remote to constitute
an attempt to commit it, is a question of law.
(3) An act done or omitted with intent to commit an offence may constitute an attempt if it
is immediately or proximately connected with the intended offence, whether or not
there was any act unequivocally showing the intent to commit that offence.

Question 5

Aid

Answer 5

To aid means to assist in the commission of the offence, either physically or by giving advice and information. In order to aid, the presence of the person offering the aid is not required at the scene, before, or at the time of the offence being committed.

Question 6

Abets

Answer 6

Abets means to instigate or encourage; that is, to urge another person to commit the offence. As with aiding, the presence of the abettor at the scene of the offence at the time of its commission is not required.

Question 7

Incites

Answer 7

To incite means to rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence. For example, a sports fan spurs on another fan to assault a protester and yells approval while the offence takes place.

Question 8

Counsels

Answer 8

Counsels means to intentionally instigate the offence by advising a person(s) on how best to commit an offence, or planning the commission of an offence
for another person(s). Counselling may also mean “urging someone to commit an offence”, in which case it will overlap with incitement.

Question 9

Procures

Answer 9

Procurement is setting out to see that something happens and taking the appropriate steps to ensure that it does. “Procures” requires that the secondary party deliberately causes the principal party to commit the offence. It requires a stronger connection between the secondary party and the commission of the offence than is evidenced in aiding, abetting or inciting.

Question 10

Offence

Answer 10

“Offence” and “crime” are words that are used interchangeably in statute, and
there is no material difference between them. They may be described as any
act or omission that is punishable on conviction under any enactment, and are
demarcated into four categories within s6, Criminal Procedures Act 2011.

Question 11

Witness

Answer 11

A witness is a person who gives evidence and is able to be cross-examined in a proceeding. This includes a person who is actively engaged in the process of giving evidence and/or one who has previously given evidence. The term witness also includes a person who will give evidence.

Question 12

Opinion

Answer 12

Opinion, in relation to a statement offered in evidence, means a statement of opinion that tends to prove or disprove a fact.

Question 13

Belief

Answer 13

Belief is essentially a subjective feeling regarding the validity of an idea or set of facts. It is more than mere suspicion and less than knowledge. Belief is having faith in an idea or formulating a conclusion as the result of considering the available information.

Question 14

Oath, affirmation and declaration

Answer 14

Oath
This is a declaration before a person who has authority to administer an oath, which invokes some religious belief and says that a thing is true or right. For example, a Christian would swear an oath on the Bible.

Affirmation
This is a verbal or written declaration, before a person who has authority to administer an oath, saying that a thing is true or right without reference to religious belief

Declaration
A witness under 12 years old may make a declaration, which is a promise to tell the truth.