DEFINITIONS AND CASE LAW

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 or purpose of achieving it.

R V MOHAN:
Intent involves a decision to bring about in so far as it lies within the accused power, the commission of the offence.

R V WAAKA:
A fleeting or passing thought is not sufficient there must be a firm intent or a firm purpose to effect an act.

Question 2

RECKLESS

Answer 2

A conscious and deliberate taking of an unjustifiable risk.

R V HARNEY:
Foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.

Question 3

WOUNDS

Answer 3

R V WATERS:

A wound is the breaking in the continuity of the skin with the flow of blood and can be internal or external.

Question 4

INJURE

Answer 4

To injure means to cause actual bodily harm.

R V DONOVAN:
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 be more than merely transitory or trifling.

Question 5

PERSON

Answer 5

Gender neutral proven by judicial notice or circumstantial evidence.

Question 6

POSSESSION

Answer 6

Actual possession arises where the thing in question is in a persons physical custody; it is on or about their person.

WARNER V METROPOLITAN POLICE COMM:
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 its qualities

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

SULLIVAN V EARL OF CATHNESS:
[possession includes] not merely those who have physical custody of firearms … but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at [another location].

Question 7

THEFT

Answer 7

S219 CA61
Dishonestly and without claim of right taking any property with intent to deprive any owner permanently of that property or of any interest in that property.

R V SKIVINGTON
Theft is an ingredient of robbery and if there is an honest belief to claim of right there is a defence.

R V LAPIER
Robbery is complete the instant the property is taken even if possession is only momentary

Question 8

PROPERTY

Answer 8

S2 CA61
Includes any real or personal property and any estate or interest in any real or personal property, money, electricity, and any debt, and anything in action, and any other right or interest.

Question 9

ASSAULT

Answer 9

S2 CA61
Intentionally applying force or attempting to apply force to the person of another, directly or indirectly, or threatening to apply force to to a 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 10

RAPE

Answer 10

S128(2) CA61
Person A rapes Person B when Person A has sexual connection with Person B effected by the penetration of Person Bs genitalia by Person As penis;
(a) without Person Bs consent to the connection
AND
(b) without believing on reasonable grounds Person B consents to the connection.

Question 11

PENETRATION

Answer 11

S2(1A) CA61

Introduction to the slightest degree is enough to affect a connection.

Question 12

GENITALIA

Answer 12

S2 CA61
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).

R V KOROHEKE
Genitalia comprise of the reproduction organs interior and exterior

Question 13

PENIS

Answer 13

S2CA61
Penis includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female, or of indeterminate sex).

Question 14

CONSENT

Answer 14

Consent is a persons conscious and voluntary agreement to something desired or proposed by another.

S128A CA61
Matters that do not constitute consent:
-Not protesting or offering physical resistance to use of force
-Application of force to self or others, threats of force to self or others, fear of force to self or others
-Asleep or unconscious
-So affected by alcohol/drugs they cannot consent
-So affected by mental or physical impairment they cannot consent
-Mistaken ID
-Mistaken as to the nature or quality of the act

R V COX
Consent must be full, voluntary and informed and given by someone in a position to make a rational judgement.

Question 15

GBH

Answer 15

Harm that is really serious.

DPP V SMITH
Bodily harm needs no explanation and grievous means no more and no less than really serious

Question 16

UNLAWFUL SEXUAL CONNECTION

Answer 16

S128(3) CA61
Person A has unlawful sexual connection with Person B when Person A has sexual connection with Person B -
(a) without Person Bs consent to the connection
AND
(b) without Believing on reasonable grounds Person B consents to the connection

Question 17

SEXUAL CONNECTION

Answer 17

S2 CA61
(a) Connection is effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical reasons:
(i) a part of the body of another person
OR
(ii) an object held or manipulated by another person

(b) connection between the mouth or tongue of one person and part of another persons genitalia or anus
(c) a continuation of the connection of a kind described in paragraph (a) or paragraph (b)

Question 18

FIREARM

Answer 18

S2 Arms Act 1983

(a) Means anything from which a shot, bullet, missile or other projectile can be discharged by force of explosive; AND
(b) Includes:-
(i) Anything that has been adapted; AND
(ii) Anything that is not for the time being capable but by which its completion or replacement of any component or repair of any defect would be a firearm; AND
(iii) Anything dismantled or partially dismantled; AND
(iv) Any especially dangerous airgun

Question 19

CONTROLLED DRUG

Answer 19

S2 MODA 1975
Means any substance, preparation, mixture or article specified or described in schedule 1, schedule 2 or schedule 3 of this act and any controlled drug analogue

Question 20

CONTROLLED DRUG ANALOGUE

Answer 20

S2 MODA 1975

Any substance that has a structure substantially similar to any controlled drug

Question 21

CLASS A CONTROLLED DRUG

Answer 21

S2 MODA 1975

Any controlled drug specified or described in schedule 1 of this act

Question 22

CLASS B CONTROLLED DRUG

Answer 22

S2 MODA 1975

Any controlled drug specified or described in schedule 2 of this act

Question 23

ACCOMPANIED BY

Answer 23

The prosecution must prove:

• Connection between the violence or threats and stealing of the property
• The defendants intent to steal the property at the time the violence or threats were used
• The violence or threats were used for the purpose of extorting the property or preventing or overcoming resistance to it being stolen

R V MAIHI
It is implicit that in accompany there must be a connection between the act of stealing and the threat of violence

Question 24

GUILTY KNOWLEDGE

Answer 24

This will involve proof the defendant:
- Knew about the supply / possession etc
AND
- Knew the supply / possession etc substance was a controlled drug
AND
- Intended to cause supply / possession etc

R V STRAWBRIDGE
If the offender honestly believed on reasonable grounds theirs actions were innocent a defence is available

Question 25

USEABLE QUANTITY

Answer 25

In drug offending the quantity of the drug involved must be measurable and useable

R V EMERALI
The possessing of controlled drug does not extend to some minute and useless residue of the substance