Liability Definitions

Question 1

Instrument

Answer 1

Intimidate and overbear the victims will to resist

Question 2

Damage by Fire and R v Archer

Answer 2

Fire damage will often involve Burning or charring, permanent physical harm of impairment to its use or value

Question 3

Possession, actual and Warner and (s2 MODA)

Answer 3

actual or constructive, in a persons physical custody, or immediately at hand, knowledge of its existence, situation and qualities, (includes anything subject to his control in the custody of another)

Question 4

Class A and controlled Drug

Answer 4

Substance specified in schedule 1.

Question 5

Immovable Property

Answer 5

Currently fixed in place and unable to be moved

Question 6

Presumption (quantity of drugs)

Answer 6

presumed for supply if above presumption weight, methamphetamine is 5 grams

Question 7

Being armed

Answer 7

carrying the item, or has it available for immediate use as a weapon

Question 8

Facilitate flight

Answer 8

specified harm caused to more easily effect their escape

Question 9

Wounds

Answer 9

breaking of the skin with the flow of blood, can be internal or external

Question 10

Deception

Answer 10

False representation by conduct where they intend to deceive the other person, and he knows it is false in material particular - purposeful intent at the time of deception

Question 11

Pecuniary advantage

Answer 11

Anything that enhances the accused’s financial position

Question 12

Accompanied

Answer 12

connection between the violence and stealing, intent to steal at the time of violence being used and the violence was for the purpose of stealing

Question 13

violence

Answer 13

more than a minimal degree of force, forcibly interfere with person freedom, powerful or violent action, effect causing bodily injury or discomfort

Question 14

prevent resistance

Answer 14

to keep from happening

Question 15

property

Answer 15

real or personal property

Question 16

sexual connection

Answer 16

introduction into the genetalia of part of the body of another person, comprises of reproduction organs interior and exterior at the opening of the vagina

Question 17

offensive weapon

Answer 17

made altered or intended for causing bodily injury

Question 18

To obtain consent by fraud

Answer 18

Consent obtained by the misrepresentation of the facts or the offenders intentions

Question 19

To obtain consent by duress

Answer 19

Consent obtained by actual or implied threat of force to the victim or another person. Can include other forms of pressure or coercion.