Case law Flashcards
(25 cards)
R v Pekapo
There must be an intention to shoot the person who was shot.
R v Maihi
A nexus between the theft and threat of violence.
R v Wellard
Kidnapping is the deprevation of liberty along with carrying away from the place they want to be.
R v Crossan (kidnaps)
Taking away is when the prisoner took the woman away against her will.
R v Pryce
Detainment is to keep in confinement or custody.
R v Cox
Consent must be full, voluntary, free and infromed.
R v Mohi
The offence is committed at the time of taking away in the presence of the necassary intent.
R v Forrest and Forrest
The best evidence possible to prove the victims age should be gained by the prosecution.
R v Skivington
Honest belief in claim of right is a defence for larceny.
R v Lapier
Robbery is complete the instant the property is taken.
R v Cox - Possession
Possesion consists of two elements, phyiscal possession and knowledge of the that possession.
Peneha v Police
Violence is interfearing with personal freedom or causing bodily injury.
R v Broughton
Threats may be direct or veiled
R v Joyce
Two or people must be physically present at the time of the robbery.
R v Galey
The persons present must have a common intention to use their combined force.
R v Taisalika
The nature of the blow and the gash it produced displayed the necassary intent.
DPP v Smith
GBH means harm that is really serious.
R v Waters
A wound is the breaking of skin evidenced by the flowing of blood and can be internal or external.
R v Donovan
Bodily harm must be more than merely transitory and trifling.
Cameron v R
Recklessness is when the defendant was aware that his actions would bring about the perscribed result and having regard to that risk his actions were unreasonable.
R v Tihi
In aggravated wounding it must be shown the offender intended to casue the specified harm.
R v Wati
In aggravated wounding there must be proof of the commission or attempted commission of the crime.
R v Sturm
The intended crime does not have to be committed. Stupify is to cause a negative effect to the victims brain or nervous system.
R v Crossan (Agg wound)
Incapeable of resistance includes powerlessness of will as well as physical incapacity.
