Definitions (first attempt) Flashcards
Fire
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. For a fire to start or continue, each of the three elements - fuel, oxygen and heat - must be present in the correct proportions.
Property
Sec.2 C.A.61
Property includes real and 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.
Explosive
Sec.2 Arms Act 1983
Explosive means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect and….
Includes gunpowder, nitroglycerine, dynamite, gun-cotton, blasting powder, flares, fog signals, fuses, rockets, percussion caps, detonators, cartridges and ammunition of all kinds.
Does not include any firework.
Claim Of Right
Sec.2 C.A.61
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.
Vehicle
Sec.2 L.T.A 1998
A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.
Aircraft
Sec.2 Civil Aviation Act 1990
Any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth.
Ship
Sec.2 C.A.61
Any vessel used in navigation, however propelled and includes any barge, lighter, dinghy, raft, or like vessel and also includes any ship belonging to or used as a ship of the armed forces of any country.
Benefit
Sec.267(4) C.A.61
Any benefit, pecuniary advantage, privilege, property, service, valuable consideration.
Obtain
Sec.217 C.A.61
In relation to any person means to obtain or retain for himself/herself or for any other person.
Person
Sec.2 C.A.61
Legislation provides a wide definition of the term “person” that incorporates not only real people, but also companies and other organisations.
Includes the Crown, and any public body or local authority, and any board, society, or company, whether incorporated or not and the Police organisation.
Ownership
Sec.218 C.A.61
For the purposes of theft, a person is regarded as the owner of any property that is stolen if, at the time of the theft, that person has -
(a) possession or control of the property; or
(b) any interest in the property; or
(c) the right to take possession or control of the property
Dishonestly
Sec.217 C.A.61
In relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.
Intentionally
INTENT:
In a criminal law context there are two specifics types of intent in an offence. Firstly, there must be an intention to commit the act and secondly, an intention to get a specific result.
