PEP - Week 6 Quiz Flashcards
QUIZ
What is the Test for recklessness ?
realisation of the POSSIBILITY that injury can happen.
Definition of actual bodily harm?
More than Transient or trifling.
What example of acts amounts to a lawful excuse or can be consented to?
Contact sporting games, accidental etc.
What test is applied to self-defence?
objective/subjective – both
When can words constitute an assault?
Whenthere is an Immediate apprehension of violence.
Q. True or False?
Child abuse material CAN include cartoon depictions of a person who appears to be a child as a victim of torture, cruelty or physical abuse.
TRUE
What is the three bases for establishing knowledge of the absence of consent under s61HK Crimes Act:
- Actual Knowledge,
- Recklessness,
- Hybrid subjective/objective test
True or False?
A sexual ACT does not include an act of TOUCHING carried out in circumstances that a reasonable person would consider the act to be sexual (this equates to a Sexual TOUCHING offence as opposed to a sexual ACT.
FALSE- if it involved touching it should be sexual touching.
What is the standard of proof under Section 142 Evidence Act – admissibility of evidence?
Balance of probabilities
1st leg submissions relate to a question of what?
Law
(COULD?)
The strength of the prosecution case at its highest.
2nd leg submissions relate to a question of what?
Fact
(SHOULD?)
The submissions covering strength of the prosecution case
Which leg in prima facie submissions can the defence call their client?
1st leg
In attempts -is there a impossibility defence?
No longer is a defence.
Attempts - explain specific intent requirement.
The requirement is an intention to commit the complete offence. The offence MUST be a crime of specific intent. We cannot use an attempt provision for Offences of recklessness/negligence.
What is the definition of an attempt?
An attempt to commit a crime is an act done with intent to commit that crime, and forming part of a series of acts which would constitute its actual commission if it were not interrupted.
