Statutory Definitions Flashcards
Define Claim of Right including the Section and Act
Section 2, Crimes Act 1961
Claim of right, in relation to any act, means a belief at the time of the act in a proprietary or
possessory right in property in relation to which the offence is alleged to have been
committed, although that belief may be based on ignorance or mistake of fact or of any
matter of law other than the enactment against which the offence is alleged to have been
committed.
Define Obtain Including Section and Act
Section 217
Crimes Act 1961
Obtain, in relation to any person, means obtain or retain for himself or herself or for any
other person.
Define Explosive and Section and Act
Section 2
Arms Act 1983
Explosive—
(a) Means any substance or mixture or combination of substances which in its normal
state is capable either of decomposition at such rapid rate as to result in an explosion or of
producing a pyrotechnic effect; and
(b) Without limiting paragraph (a) of this definition, includes gunpowder,
nitroglycerine, dynamite, gun-cotton, blasting powder, fulminate of mercury or of other
metals, coloured flares, fog signals, fuses, rockets, percussion caps, detonators, cartridges,
and ammunition of all descriptions; and
(c) Without limiting paragraph (a) or paragraph (b) of this definition, includes any
device, contrivance, or article, which uses any substance or mixture or combination of
substances to which paragraph (a) or paragraph (b) of this definition applies as an integral
part of it for the purposes of producing an explosion or a ballistic or pyrotechnic effect; but
does not include a firearm; and
(d) Does not include any firework as defined in section 2 of the Hazardous Substances
and New Organisms Act 1996.
Define Property and Section and Act
Section 2
Crimes Act 1961
Property includes real and personal property, and any estate or interest in any real or personal
property, [money, electricity,] and any debt, and an thing in action, and any other right or
interest
Define Benefit and Section and Act
Section 267
Crimes Act 1961
In this section and in section 269, benefit means any benefit, pecuniary advantage,
privilege, property, service, or valuable consideration.
Define Person Including Act and Section
Person, owner, and other words and expressions of the like kind, include the Crown and any
public body or local authority, and any board, society, or company, and any other body of
persons, whether incorporated or not, and the inhabitants of the district of any local authority,
in relation to such acts and things as it or they are capable of doing or owning:
Define Entry Including Act and Section
Section 231(3) Crimes Act 1961
entrance into a building or ship is made as soon as any part of the body of
the person making the entrance, or any part of any instrument used by that
person, is within the building or ship;
Define Building Including Act and Section
Section 231(2) Crimes Act 1961
Building means any building or structure of any description, whether permanent or
temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed
yard or any closed cave or closed tunnel.
Define Without Authority Including Act and Section
Section 231(3) Crimes Act 1961
everyone who gains entrance to a building or ship by any threat or artifice used
for that purpose is to be treated as having entered without authority.
Define Service (In the case of R v Cara)
Service is limited to financial or economic value, and excludes privileges or benefits.
Define Dishonestly Including Act and Section
Section 217
Crimes Act 1961
Dishonestly, in relation to an act or omission, means done or omitted without a belief that there was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.
Define Document Including Act and Section
document means a document, or part of a document, in any form; and includes, without limitation,—
(a) any paper or other material used for writing or printing that is marked with matter capable of being read; or
(b) any photograph, or any photographic negative, plate, slide, film, or microfilm, or any photostatic negative; or
(c) any disc, tape, wire, sound track, card, or other material or device in or on which information, sounds, or other data are recorded, stored (whether temporarily or permanently), or embodied so as to be capable, with or without the aid of some other equipment, of being reproduced; or
(d) any material by means of which information is supplied, whether directly or by means of any equipment, to any device used for recording or storing or processing information; or
(e) any material derived, whether directly or by means of any equipment, from information recorded or stored or processed by any device used for recording or storing or processing information
Define Deception including Act and Section
Section 240(2) Crimes Act 1961
In this section, deception means-
(a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and -
(i) knows that it is false in a material particular; or
(ii) is reckless as to whether it is false in a material particular; or
(b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or
(c) a fraudulent device, trick, or stratagem used with intent to deceive any person.
Define Control as in the Oxford Dictionary
“The power of directing, command.”
Define Induces as in the Oxford Dictionary
“To persuade, bring about or give rise to”.
Define Theft
Section 219
Crimes Act 1961
(1) Theft or stealing is the act of,—
(a) dishonestly and without claim of right, taking any property with intent to deprive any owner permanently of that property or of any interest in that property; or
(b) dishonestly and without claim of right, using or dealing with any property with intent to deprive any owner permanently of that property or of any interest in that property after obtaining possession of, or control over, the property in whatever manner.
Define Taking
Section 219
Crimes Act 1961
(3) In this section, taking does not include obtaining ownership or possession of, or control over, any property with the consent of the person from whom it is obtained, whether or not consent is obtained by deception.
(4) For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.
Define Assault
Assault means the 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 threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose; and to assault has a corresponding meaning.
