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.
Does a 257 certificate contain Hearsay?
No, section 59 (3).
What’s the legislative term for the Hearsay purpose?
The asserted fact purpose.
Is Section 60 an exception to the Hearsay rule?
Only if the evidence has already been admitted.
S.60 (1) – the hearsay rule does not apply to evidence of a previous representation THAT IS ADMITTED because it is relevant for a purpose other than proof of an asserted fact.
The 3 part test in Hearsay rule is?
- Previous representation
- By a person
- For proof of its asserted facts.
