Definitions Test #1 Flashcards
Define: Production
Defined as an article, document, or anything (including animal) which is connected to a crime or offence or other matter under review.
Define: Warrant
An authority in writing which is issued by: a Magistrate i.e. Justice of the Peace or a Sheriff; or Other competent person; directing police officers to take a course of action which might not otherwise be lawful.
Define: Evidence
Evidence includes all legal means (exclusive of mere argument) which tends to prove or disprove the truth of the subject before the court.
Define: Hearsay Evidence
Evidence at second hand given by a person who is merely repeating something said by another person.
Define: Abettor
A person who incites, instigates, encourages or counsels another to commit a crime or offence.
Define: Accessory
Anyone who aids the perpetrator with advice or assistance before or at the time of the crime or who acts in concert by watching whilst the crime or offence is committed.
Define: Assault
A crime at common law and is every attack directed to take effect physically on the person of another, whether or not actual injury is inflicted.
Define: Attempt to Pervert the Course of Justice
A crime at common law which can be described as any overt and intentional action calculated, to interfere with either the normal investigation of a crime, or the bringing of an offender to justice.
Define: Breach of the Peace
A crime at common law and is constituted by one or more persons conducting himself or themselves in a riotuous or disorderly manner, where such conduct is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community.
Define: Culpable and Reckless Fireraising
Is committed when property is set on fire as a result of a reckless act by the accused.
Define: Forgery and Uttering
A crime at common law, and consists in the making and publishing of a writing feloniously intended to represent and pass for the genuine writing of another person.
Define: Fraud
- Falsehood - false representation by word of mouth or writing or false conduct.
- Fraud - intention to deceive and defraud, and
- Wilful imposition - what is required is that there is a practical result i.e. inducing a person to do what they would otherwise not have done.
Define: House
Includes any dwelling house or other roofed building, finished or unfinished, or any part of a building used as a seperate dwelling, which is secured against intrusion by unauthorised persons.
Define: Malicious Mischief
A crime at common law constituted by wilful, wanton, and malicious destruction of, or damage to the property of another.
Define: Offensive Weapon.
Includes any article made or adapted for the use of causing injury to the person or intended by the person having it with them for such use by either themselves or by some other person.
Define: Perjury
Perjury is a crime at common law, committed by any person who wilfully makes a false statement under oath or affirmation equivalent to oath.
Define: Principal
The person who actually commits the crime or offence.
Define: Subornation of Perjury
A crime at common law, committed by any person who counsels or induces, by any means, a person to give false testimony in judicial proceedings.