Misc Definitions Flashcards
In a criminal law context there are two specific types of intention in an offence. What are they?
- An intention to commit the act
2. An intention to get a specific result
Define
“Intent” in
Deliberate act
REMEMBER THIS IS ONE OF TWO
“Intent” means that act or omission must have been done deliberately. The act or omission must be more than involuntary or accidental
Define
Intent to produce a result
REMEMBER THIS IS ONE OF TWO
In this context it means “aim, object or purpose”
Give an example of a deliberate act
Section 2, crimes act 1961 where the definition of assault
“Means the act of intentionally applying or attempting to apply force”
For instance a person intends to strike the victim with their first on the right side of the face
Give an example of “intent to produce a result”
Section 228(1)(b) crimes act 1961
“Everyone is liable… who, with intent to obtain any property , service , pecuniary advantage , or valuable consideration ….”
While the offender deliberately intents to commit the ACT by using a document, their intention is also to obtain a specific result , in this case , any one of the elements specified in this section
Mens Rea
State of mind
Actus Reus
Criminal conduct
Contenporaneous
The actus reus and mens Rea occur at the same time or within reasonable nexus of each other
Doli incapax
Ancient common law presumption that children under a particular age are “incapable of evil” and therefore should not be culpable of any criminal acts or omissions. In nz there is
- irebuttable presumption that child <10 cannot be held legally responsible
- rebuttable presumption child 10-13 cannot be criminally liable UNLESS they knew their act/ omission was wrong and contrary to law
Circumstantial evidence from which an offenders intent can be inferred can include
- the offenders actions and words before , during and after the event
- the surrounding circumstances
- the nature of the act itself
