Case Law

Question 1

R v MANE

Answer 1

Application: AATF

To be considered an accessory, the acts done must be after the offence is complete

Question 2

R v CROOKS

Answer 2

Application: AATF

Actual knowledge and no real doubt that the person assisted was a party to the relevant offence

Question 3

R v MORLEY

Answer 3

Loss (Deception case)

Loss assessed by extent complainants position prior to offence is diminished/impaired

Question 4

R v ARCHER

Answer 4

Property damage (arson case)

Property may be damaged if suffers
Permanent/temporary physics harm or
Permanent/temporary impairment of use or value

Question 5

CAMERON v R

Answer 5

Recklessness

Recognising real possibility actions would bring a proscribed result and actions were unreasonable

Question 6

R v TIPPLE

Answer 6

Conscious appreciation of risk and a deliberate decision to run the risk

Question 7

R v COLLISTER

Answer 7

Intent can be inferred from circumstantial evidences and inferred from:
1 - Offenders actions/words before or during and after
2 - the surrounding circumstances
3 - the nature of the act itself

Question 8

R v TAISALIKA

Answer 8

The nature of the blow and gash produced point strongly to the presence of necessary intent

Question 9

R v MCARTHUR

Answer 9

Bodily harm includes any hurt or injury that interferes with the health/comfort of victim and more than trifling

Question 10

DPP v SMITH

Answer 10

Bodily harm needs no explanation and grievous means no more or less than really serious

Question 11

R v WATERS

Answer 11

Wound = breaking of the skin evidenced by flow of blood (internal/external)

Question 12

R v TIHI

Answer 12

Application (agg wounding)

Intended to facilitate an imprisonable offence or an intent from paragraph a-c
AND
Intended to cause specific harm OR
Was reckless to that risk

Question 13

R v WATI

Answer 13

Aggravated wounding:

Must be proof of commission/attempted commission of a crime by person committing the assault or person whose arrest or flight he intends to avoid or facilitate

Question 14

R v STURM

Answer 14

Stupefy means to cause an effect on the mind/nervous system which tealy seriously interferes with persons mental or physical ability to act which might hinder a crime

Question 15

R v CROSSAN (incapable resistance)

Answer 15

Incapable of resistance includes a powerlessness of the will as well as physical incapacity

Question 16

R v RAPANA and MURRAY

Answer 16

Disfigures covers temporary damage too not just permanent

Question 17

R v SKIVINGTON

Answer 17

A honest belief of claim of right is a defence to the theft element of robbery

Question 18

R v LAPIER

Answer 18

Complete robbery instant property taken

Question 19

R v PEAT (repeat return)

Answer 19

Immediate return of goods does not purge the offence

Question 20

R v COX (possession)

Answer 20

Possession = physical element (physical custody)

and mental element (knowledge and intention)

Question 21

R v MAIHI

Answer 21

Nexus between the act of stealing and a threat of violence

Question 22

R v BROUGHTON

Answer 22

Threat of violence is the manifestation of intention to inflict violence. Threat may be direct or veiled and by words or conduct

Question 23

R v JOYCE (joint)

Answer 23

Crown establish 2 or more persons physically present at time of robbery or violence

Question 24

R v GALEY

Answer 24

2 or more persons common intention to use combined force in committing crime

Question 25

R v FORREST & FORREST

Answer 25

Prosecution must adduce the best evidence to prove age

Question 26

R v WELLS

Answer 26

Robbery - harm to anyone No requirement the harm inflicted need be on on victim but includes person preventing escape too

Question 27

R v PACHOLKO

Answer 27

Conduct of accused to be assessed not the strength of victims will

Question 28

R v WILSON

Answer 28

Tenancy = interest in property

Question 29

R v WELLARD

Answer 29

Essence of kidnapping = deprivation of liberty and taking away from where victim wants to be

Question 30

R v CROSSAN (kidnap)

Answer 30

Taking away and detaining are seperate distinct offences “different”. 1st = taking victim away 2nd = detaining her

Question 31

R v PRYCE

Answer 31

Detaining = keep in confinement or custody

Question 32

R v COX (sex and kidnapping)

Answer 32

Consent must be “full, free, voluntary and informed, freely/voluntarily given by person in position to form rational judgement

Question 33

R v MOHI

Answer 33

Abduction committed at time of taking away with necessary intent

Question 34

R v STRAWBRIDGE

Answer 34

Presumed guilty knowledge, crown not need to prove unless defence raised accused honestly believed innocent act

Question 35

R v EMERALI

Answer 35

Useable quantity - Possession not minute and useless residue

Question 36

SAXTON v POLICE

Answer 36

Import = bring in from foreign country

Question 37

R v HANCOX (drugs)

Answer 37

Importation exists from time goods enter NZ until they available to the consignee or addressee

Question 38

R v RUA

Answer 38

Creation of controlled drugs by process changing original substance into controlled drug

Question 39

R V DURING

Answer 39

Offer = intimation they ready on request to supply drugs to person

Question 40

R v BROWN

Answer 40

Intent the intimation is understood as genuine

Question 41

HAYES v R

Answer 41

Pecuniary advantage = Anything that enhances accused’s financial position Valuable consideration = anything capable of being so, in short money or moneys worth Unsuccessful use of a document is as much use as a successful one. Attempt relates to use not to obtaining a pecuniary advantage

Question 42

R v MISIC

Answer 42

Document is Thing provides evidence/info/record

Question 43

R v MORLEY (deception)

Answer 43

Intention to deceive requires deception in order to deceive affected party and intent exists at that time

Question 44

R v LOVE

Answer 44

Deliberate failure to disclose material by a person who has a duty to disclose

Question 45

MULCAHY v R

Answer 45

Conspiracy consists of intention 2 or more to agree to do an unlawful act and when those 2 agree to carry it out the plot is an act in itself

Question 46

R v WILCOX

Answer 46

Attempts Defendant must have begun to perpetrate the crime

Question 47

R v HARPUR

Answer 47

Attempts Full evaluation of conduct of accused time place and circumstance less focus on abstract tests of preparation and proximity

Question 48

R v BRIGGS

Answer 48

Knowledge may be inferred from wilful blindness or dileberate absence of inquiries to the truth

Question 49

R v PEKEPO

Answer 49

PEKEPO = pew pew intent (Intent to shoot victim) Reckless discharge of firearm towards passerby insufficient. Intent to shoot person must be established

Question 50

POLICE v PARKER

Answer 50

Peter Parker- any manna (manner) (Use in any manner whatever) Using in any manner think of short of shooting weapon. Presenting gun is equivalent or the same thing

Question 51

R v KELT

Answer 51

Kelt - on ya belt (Firearm with him) With hun requires close physics link and a degree of immediate control over the weapon

Question 52

TULI v POLICE

Answer 52

TULI - to do prima facie Circumstances sufficiently show an intent in absence evidence to the contrary

Question 53

R v KOROHEKE

Answer 53

Genitalia Comprises the reproduction organs, interior and exterior, includes vulva/labia both interior and exterior at the opening of vagina

Question 54

R v GUTUAMA

Answer 54

Gucci shoes of accused The objective test - crown must prove no reasonable person in shoes of accused could have thought complainant was consenting

Question 55

R v COURT

Answer 55

Caught being indecent by right ppl Indecency= conduct that right thinking people will consider an affront to the sexual modesty of the complainant

Question 56

R v LEESON

Answer 56

Indecency An assault accompanied with circumstances of indecency