Div 1Definitions: Commission of offence: division of

Division 1 Definitions: Commission of offence: division of offences: attempts 1 Definitions In this Code: abnormality of mind means abnormality of mind arising from a condition of arrested or retarded development of mind or inherent causes or induced by disease, illness or injury. act, in relation to an accused person, means the deed alleged to have been done by him. it is not limited to bodily movement and it includes the deed of another caused, induced or adopted by him or done pursuant to a common intention. act of piracy, for Part III, Division 6, see section 72A. adult means a person of or over the age of 18 years. agent, for Part VII, Division 5, see section 236E. aggravated offence: (a) for Part VI – see section 149B; or (b) for Part VIA – see section 208G. agreement about conduct that corrupts a wagering outcome of an event or contingency, for Part VII, Division 5A, see section 237A. aircraft includes hovercraft. alters includes adds to. application of force and like terms include striking, touching, moving and the application of heat, light, noise, electrical or other energy, gas, odour or any other substance or thing if applied to such a degree as to cause injury or personal discomfort. Criminal Code Act 1983 4 appropriates, for Part VI, Division 5A, see section 193A(1). appropriation, for Part VII, Division 1, see section 212. article, for Part VIA, see section 208G. belongs: (a) in relation to property: (i) for Part VII, Division 1 – see section 211; or (ii) for Part VII, Division 2 – see section 228AC; or (b) for Part VII, Division 6 – see section 239. benefit: (a) for Part IV – see section 75B; or (b) for Part VII, Division 5 – see section 236E. birth, see section 1C. building means any structure complete or otherwise, not being a flimsy or insubstantial structure by the standards of the community to which the owner or occupier of it belongs, that, except in the 3 cases hereinafter mentioned, is not readily moveable and that is used or intended for the occupation of man or his animals or the storage or shelter of his goods. it includes a caravan, ship and an erected tent used or intended for any such purpose. cause a financial disadvantage, for Part VII, Division 5A, see section 237E(2). causes, for Part VII, Division 6, see section 240. causing a financial disadvantage, for Part VII, Division 5A, see section 237D(2). child means a person who is not an adult. circumstance of aggravation means any circumstance by reason of which an offender is liable to a greater punishment than that to which he would be liable if the offence were committed without the existence of that circumstance. close family member, for Part VIA, Division 6, see section 208M. coercion means physical or mental pressure forcing the person said to be coerced to do what he would not otherwise do. Criminal Code Act 1983 5 cognitive impairment, for Part VIA, Division 5, see section 208L. collection does not include a collection made or exhibited for the purpose of effecting sales or other commercial dealings. committal for trial includes committal for sentence. conduct, for Part IIAA and Schedule 1 provisions, has the meaning in section 43AD(1). consent: (a) for Part VI, Division 7A – see section 208AA; or (b) for Part VIA – see section 208GA. contingency, for Part VII, Division 5A, see section 237C(2). correctional services officer, see section 16 of the Correctional Services Act 2014. corrupts a wagering outcome of an event or contingency, for Part VII, Division 5A, see section 237B. counterfeit token means a token that is not genuine and that is intended to resemble or pass for a genuine token. credit means credit in respect of the payment or repayment of money and also credit in respect of the delivery of goods, the obtaining of service, the doing of work or the performance of any other obligation whether legally enforceable or not. Crown Law Officer means the Attorney-General or the Director of Public Prosecutions and includes a person authorized under a law of the Territory to exercise a power or perform a function in the name of or on behalf of a Crown Law Officer. custodial correctional facility, see section 11(1)(a) of the Correctional Services Act 2014. damage, for Part VII, Division 6, see section 238. damages includes destroys and, when used in relation to a document or writing, includes obliterating and rendering it illegible either in whole or in part. deal in, for Part VII, Division 2A, see section 228A. deals with, for Part VII, Division 3, see section 229. Criminal Code Act 1983 6 death means: (a) the irreversible cessation of all function of a person's brain, including the brain stem; or (b) the irreversible cessation of circulation of blood in a person's body. deception: (a) except for Part VII, Division 2: (i) means intentional deception by word or conduct as to fact or law and includes a deception as to the present intention of the person using the deception or another (ii) includes an act or thing done or omitted to be done with the intention of causing the following to make a response that the person doing or omitting to do the act or thing is not authorised to cause the computer system or machine to make: (A) a computer system; (B) a machine that is designed to operate by means of payment or identification; or (b) for Part VII, Division 2 – see section 228AC. declared offence means an offence against a law of the Territory that, under an Act, is declared to be an offence to which Part IIAA applies. demand with a menace, for Part VII, Division 2, see section 228AF. depriving, for Part VI, Division 5A, see section 193A(1). dishonesty, for Part IIAA and Schedule 1 provisions, has the meaning in section 43AGA(1). distribute, for Part VI, Division 7A, see section 208AA. duress means a threat to commit upon any person an offence against the person for which an offender may be sentenced to imprisonment for 7 years or longer. Criminal Code Act 1983 7 dwelling-house means any building or part of a building kept by the owner or occupier for his residence or the residence of his family, guests or servants; it is immaterial that from time to time it is uninhabited. election means any election held under the authority of any statute providing for the choice of persons to fill any office or place of a public character. emergency worker, for Part VI, Division 5, see section 187(2). employed in the public service includes employed in an Agency under the Public Sector Employment and Management Act 1993, as a police officer or to execute any process of a court of justice. encouraging, for Part VII, Division 5A, see section 237F. engage in conduct, for Part IIAA and Schedule 1 provisions, has the meaning in section 43AD(2). enters, in relation to a building, includes the entry into the building of any part of the body of the person said to have entered that building or any part of an instrument used by him. event: (a) except for Part VII, Division 5A, means the result of an act or omission; or. (b) for Part VII, Division 5A, see section 237C(1) evidential burden, for Part IIAA and Schedule 1 provisions, has the meaning in section 43BT. explosive substance includes a gaseous substance in such a state of compression as to be capable of explosion. false document, for Part VII, Division 7, see section 251. fault element, for Part IIAA and Schedule 1 provisions, has the meaning in section 43AH. fault element of basic intent, for Part IIAA and Schedule 1 provisions, means a fault element of intention for a physical element that consists only of conduct. gain: (a) means: (i) gain of property; or Criminal Code Act 1983 8 (ii) gain of services provided free of cost or at less than the usual cost; and (b) includes temporary gain and a gain by keeping what one has. genitals, for Part VIA, see section 208G. harm has the meaning in section 1A. have or has in possession includes having under control in any place, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question. historical offence, for Part VIA, see section 208G. identification documentation, for Part VII, Division 2A, see section 228A. identification information, for Part VII, Division 2A, see section 228A. image, for Part VI, Division 7A, see section 208AA. improper, for Part IV, see section 75C. indecent, for Part VIA, see section 208GB(1). indictable offence: (a) see section 3(2); or (b) for Part VII, Division 3 – see section 229. intention, for Part IIAA and Schedule 1 provisions, has the meaning in section 43AI. intimate image, for Part VI, Division 7A, see section 208AA. intoxication, for Part IIAA and Schedule 1 provisions, means intoxication because of the influence of alcohol, a drug or any other substance. involuntary intoxication means the person concerned is under the influence of an intoxicating substance caused by the involuntary ingestion of it, his honest and reasonable mistake as to the nature of it, some physical idiosyncrasy of which he was unaware or the coercion, mistake or deception of another. Judge means a Supreme Court judge. Criminal Code Act 1983 9 judicial proceedings means any proceedings had or taken in or before a court, tribunal or person in which evidence may be taken on oath. knowingly, used in connection with any term denoting doing, uttering or using, implies knowledge of the character of the thing done, uttered or used. knowledge, for Part IIAA and Schedule 1 provisions, has the meaning in section 43AJ. law enforcement officer, for Part VI, see section 149B. legal burden, for Part IIAA and Schedule 1 provisions, has the meaning in section 43BQ. local government election means any election held under any law relating to local government. loss means loss of property and includes a loss by not getting what one might get as well as a loss by parting with what one has. married, for Part VIA, see section 208G. medical treatment includes dental treatment and all forms of surgery. menace: (a) except for Part VII, Division 2, includes a threat of an injury, accusation or detriment of any kind to be caused or to be made against any person either by the offender or by any other person if the demand is not complied with; or (b) for Part VII, Division 2 – see section 228AD. money includes an instrument for the payment of money that may be negotiated by an ADI, coins, cheques and any other orders, warrants or authorities for the payment of money. mortgaged goods includes any goods and chattels and any live animals and their progeny and any crops or produce of the earth, whether growing or severed, that are subject for the time being to the provisions of any written instrument by which a valid charge or lien is created upon them by way of security for any debt or obligation. negligent, for Part IIAA and Schedule 1 provisions, has the meaning in section 43AL. Criminal Code Act 1983 10 night or night-time means the interval between 9 o'clock in the evening and 6 o'clock in the morning. obtain: (a) for Part IV – see section 75A; or (b) for Part VII, except for sections 228AE and 228AH and Division 5, includes: (i) obtain for another person; and (ii) induce a third person to do something that results in another person obtaining; or (c) for section 228AH – see section 228AE; or (d) for Part VII, Division 5 – see section 236F. obtaining a financial advantage, for Part VII, Division 5A, see section 237D(1). offensive weapon means any article made or adapted to cause injury or fear of injury to the person or by which the person having it intends to cause injury or fear of injury to the person. owner includes any part owner and any person having possession or control of, or any special property in, the property in question. it also, as does the term person and other like terms when used with reference to property, includes the Sovereign and any corporation, local government council and public body constituted by or under any statute and any other association of persons capable of owning part of the body, for Part VIA, see section 208G. penis, for Part VIA, see section 208G. person similarly circumstanced does not include a person who is voluntarily intoxicated. physical element, for Part IIAA and Schedule 1 provisions, has the meaning in section 43AE. pirate, for Part III, Division 6, see section 72. position of authority, for Part VIA, see section 208GC. principal, for Part VII, Division 5, see section 236E. prisoner, see section 6 of the Correctional Services Act 2014. Criminal Code Act 1983 11 proceeds of crime, for Part VII, Division 3, see section 229. property: (a) except for Part VII, Divisions 1 and 6, means every thing, animate or inanimate, capable of being the subject of ownership including: (i) things in action and other intangible property; and (ii) wild creatures that have been tamed or are ordinarily kept in captivity and other wild creatures or their carcasses if they have been reduced into possession that has not been lost or abandoned or are in the course of being reduced into possession; or (b) for Part VII, Division 1 – see section 210; or (c) for Part VII, Division 6 – see section 238. property damage offence, for Part VII, Division 6, see section 238. public duty, for Part VII, Division 7, see section 250. public officer, see section 4 of the Independent Commissioner Against Corruption Act 2017. Public Sector has the same meaning as in the Public Sector Employment and Management Act 1993. reckless, for Part IIAA and Schedule 1 provisions, has the meaning in section 43AK. riot, see section 63(4). riotously assembled, see section 63(4).