Sex, Assault, Arson And Kidnap Definitions Flashcards
Sexual connection
(a) Connection effected by the introduction into the genitalia or anus of one person, other than for genuine medical purposes,
(i) a part of the body of another person, or
(ii) an object held or manipulated by another person, or
(b) connection between the mouth or tongue of one person and a part of another person genitalia or anus, or
(c) the continuation of either of the above
Rape
Sexual connection effected by penetration of the complaints genitalia by the Defendants penis:
(a) without consent to the connection and
(b) without believing on reasonable grounds that the complaint consented to the connection
Penetrarion
Sexual connection effected by penetration of the complaints genitalia by the Defendants penis:
(a) without consent to the connection and
(b) without believing on reasonable grounds that the complaint consented to the connection
Person
Accepted by judicial notice or proved by circumstantial evidence
Consent
Conscious and voluntary agreement
Unlawful sexual connection
Sexual connection without the complainants consent to the connection and without believing on reasonable grounds the complainant consents to the connection
Assault
Act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threats has, or cause the other to believe on reasonable grounds they have, present ability to effect their purpose
Child
Under 12
Attempts
having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object.
Indecent act
Includes doing the indecent act to another or inducing/permitting the inherent person to do it to them
Young person
Under the age of 16
Indecent assault
Assault must have occurred but need not be violent or forceful.
Intent
Act or omission done deliberately
For abduction of a young person under 16 The intent to deprive need not be their main intent, just an inevitable outcome
Grevious bodily harm
Harm that in really serious
Wounds
R v Waters: breaking of skin evidences by flow of blood. Internal or external
Maims
Deprive us of limb or sense(s). Some degree of permanence
Disfigures
Deform, deface. Alter the figure or appearance of a person
Injure
Actual bodily harm
Reckless
Cameron v R: Established if:
- Defendant recognises a real possibility their actions would bring about the proscribed result and/or the proscribed circumstances existed AND
- having regard to that risk those actions were unreasonable
R v Tipple
Requires conscious appreciations of the relevant risk and a deliberate decision to run that risk
Facilitate
Make possible or easier
Avoid detection
Avoid being caught “in the act”
Stupefies
Make stupid or dull to the senses
R v Strum: cause effect on mind or nervous system which seriously interferes with their mental or physical ability to act to hinder the crime
Incapable of resistance
R v Crossan: includes powerlessness of will as well as physical capacity
Take away
R v Wellard: deprivation of liberty coupled with carrying away from the place the Victim wants to be
Detains
R v Pryce: active concept. To keep in confinement or custody. More than mere harbouring
Consent obtained by fraud
Misrepresenting the facts or their intentions
Consent obtained by Duress
Acquiesce due to fear if consequences if they refuse
Ransom
Sum of money demanded or paid for someone’s release
Confine
Includes restricting movement within a geographical area but also curtailing their activity and exercising control over them
Imprison
Confine as if in prison
Possession
R v Cox: required two elements
Physical element of actual or potentially physical custody or control
Mental elements of knowledge and intention. Knowledge of possession and intention to exercise possession
Unlawfully
Without lawful justification or excuse
Receives
A question of fact and degree. Includes physicial custody
Can be by multiple people
Claim of right
Belief in proprietary or possessory right, even if belief is a mistake or ignorant
Property
Real or personal including any estate, interest or debt
Knowledge
Correctly believe
Immovable property
Currently fixed in place, even if it could be moved later
Vehicle
Has wheels, tracks or runners to move
Ship
Vessel used in navigation
Aircraft
Machine that can derive support from the atmosphere from reactions of the air
Obtain
Retain for themselves for someone else
Benefit
Pecuniary advantage, benefit, privilege, property, service or valuable consideration
Person (Victim) in arson
Can include companies and organisations
