Sex, Assault, Arson And Kidnap Definitions

Question 1

Sexual connection

Answer 1

(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

Question 2

Rape

Answer 2

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

Question 3

Penetrarion

Answer 3

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

Question 4

Person

Answer 4

Accepted by judicial notice or proved by circumstantial evidence

Question 5

Consent

Answer 5

Conscious and voluntary agreement

Question 6

Unlawful sexual connection

Answer 6

Sexual connection without the complainants consent to the connection and without believing on reasonable grounds the complainant consents to the connection

Question 7

Assault

Answer 7

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

Question 8

Child

Answer 8

Under 12

Question 9

Attempts

Answer 9

having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object.

Question 10

Indecent act

Answer 10

Includes doing the indecent act to another or inducing/permitting the inherent person to do it to them

Question 11

Young person

Answer 11

Under the age of 16

Question 12

Indecent assault

Answer 12

Assault must have occurred but need not be violent or forceful.

Question 13

Intent

Answer 13

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

Question 14

Grevious bodily harm

Answer 14

Harm that in really serious

Question 15

Wounds

Answer 15

R v Waters: breaking of skin evidences by flow of blood. Internal or external

Question 16

Maims

Answer 16

Deprive us of limb or sense(s). Some degree of permanence

Question 17

Disfigures

Answer 17

Deform, deface. Alter the figure or appearance of a person

Question 18

Injure

Answer 18

Actual bodily harm

Question 19

Reckless

Answer 19

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

Question 20

Facilitate

Answer 20

Make possible or easier

Question 21

Avoid detection

Answer 21

Avoid being caught “in the act”

Question 22

Stupefies

Answer 22

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

Question 23

Incapable of resistance

Answer 23

R v Crossan: includes powerlessness of will as well as physical capacity

Question 24

Take away

Answer 24

R v Wellard: deprivation of liberty coupled with carrying away from the place the Victim wants to be

Question 25

Detains

Answer 25

R v Pryce: active concept. To keep in confinement or custody. More than mere harbouring

Question 26

Consent obtained by fraud

Answer 26

Misrepresenting the facts or their intentions

Question 27

Consent obtained by Duress

Answer 27

Acquiesce due to fear if consequences if they refuse

Question 28

Ransom

Answer 28

Sum of money demanded or paid for someone’s release

Question 29

Confine

Answer 29

Includes restricting movement within a geographical area but also curtailing their activity and exercising control over them

Question 30

Imprison

Answer 30

Confine as if in prison

Question 31

Possession

Answer 31

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

Question 32

Unlawfully

Answer 32

Without lawful justification or excuse

Question 33

Receives

Answer 33

A question of fact and degree. Includes physicial custody

Can be by multiple people

Question 34

Claim of right

Answer 34

Belief in proprietary or possessory right, even if belief is a mistake or ignorant

Question 35

Property

Answer 35

Real or personal including any estate, interest or debt

Question 36

Knowledge

Answer 36

Correctly believe

Question 37

Immovable property

Answer 37

Currently fixed in place, even if it could be moved later

Question 38

Vehicle

Answer 38

Has wheels, tracks or runners to move

Question 39

Ship

Answer 39

Vessel used in navigation

Question 40

Aircraft

Answer 40

Machine that can derive support from the atmosphere from reactions of the air

Question 41

Obtain

Answer 41

Retain for themselves for someone else

Question 42

Benefit

Answer 42

Pecuniary advantage, benefit, privilege, property, service or valuable consideration

Question 43

Person (Victim) in arson

Answer 43

Can include companies and organisations