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Flashcards in Case law Deck (68):
1

R V Cox

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

2

R V Koroheke

the genitalia comprise the reproduction organs, interior and exterior.....they include the vulva (and) the labia, both interior and exterior at the opening of the vagina

3

R v crossan (Incapable of resistance)

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

4

R v wati

There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to facilitate

5

R v strum [section 191(1)(a)]

Under section 191(1)(a) it is not necessary for the prosecution to prove the intended crime was actually subsequently committed

6

R v tihi

In addition to one of the specific intents outlines in paragraphs (a) (b) (c) it must be shown the offender either ment to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to risk of suffering it

7

R V Waters

A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will be normally evidenced by a flow of blood and, in its occurrence at the site of the blow or impact, the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues, may be internal

8

DPP V Smith

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

9

R V Taisalika

the nature of the blow and the gash which it produced on the complainant's head would point strongly to the presence of the necessary intent

10

R V Leeson

The definition of "indecent assault" .... is an assault accompanied with circumstances of indecency

11

R V Court

Indecency means "conduct that right-thinking people will consider an affront to the sexual modesty of (the complainant)

12

R V Forrest and Forrest

The best evidence possible in the circumstances should be adduced by the prosecution in proof of (the victim's) age

13

R V Waaka

A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act

14

R V Mohan

A decision to bring about, in so far as it lies within the accused power, the commission of the offence

15

R V Gutuama

Under the objective test the crown must prove that "no reasonable person in the accused's shoes could have thought that (the complainant) was consenting"

16

Saxton v Police

To import includes "to introduce from abroad or to cause to be brought in from a foreign country

17

R v Strawbridge

It is not necessary for the crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary, knowledge on her part will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that her act was innocent then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so

18

R v Sturm (stupefies)

To "stupify" means to cause an effect on the mind or nervous system of a person, which really seriously interferes with that person's mental or physical ability to act in any way which might hinder an intended crime

19

Police v Emerali

In any drug offence, the quantity of drug involved must be measurable and usable. "...the serious offence of .... possessing a narcotic does not extend to some minute and useless residue of the substance".

20

R V Harney

(Recklessness involves).... foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk

21

R V Donovan

'Bodily harm' ... includes any hurt or injury calculated to interfere with the health or comfort of (the victim) .... it need not be permanent but must, no doubt, be more than merely transitory and trifiling

22

R V Rapana and Murray

The word "disfigure" covers not only permanent damage but also temporary damage.

23

R v Hancox

The element of importing exists from the time the goods enter New Zealand until they reach their immediate destination (I.e) when they have ceased to be under the control of the appropriate authorities and have become available for the cosignee or addressee

24

R V Brown

Offering to supply
-Offers to supply a drug that he has on hand
-Offers to supply a drug that will be procured at some future date
-Offers to supply a drug that he mistakenly believes he can supply
-Offers to supply a drug deceitfully, knowing he will not supply that drug

25

R V During

Offers to supply
"(an offer is) an intimation by the person charged to another that he is ready on request to supply to that other, drugs of a kind prohibited by the statute"

26

R V Magannis

Supply involves "more than the mere transfer of physical control...(it includes) enabling the recipient to apply the thing...to purposes for which he desires.."

27

R V Rua

The words "produce"or "manufacture"in section 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug

28

Warner V Metropolitan Police Commissioner

Ideal Possession (Actual)
The term "possession"must be given a sensible and reasonable meaning in it's context. Ideally, a possessor of a thing has:
- Complete physical control over it
- Knowledge of it's existence, it's situation and it's qualities

29

R V Skivington

"Larceny (or theft) is an ingredient of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the ingredients in the offence of robbery, without proof of which the full offence is not made out."

30

R V Lapier

Robbery is complete the instant the property is taken, even if possession by the thief is only momentarily

31

R V Maihi

It is implicit in ''accompany' that there must be a nexus (connection or link) between the act of stealing... and a threat of violence. Both must be present. However the term "does not require that the act of stealing and the threat of violence be contemporaneous..."

32

Peneha V Police

It is sufficient that "the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort"

33

R V Broughton (1986) 1 NZLR 641

A threat of violence is "the manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct or veiled. It may be conveyed by words or conduct, or a combination of both."

34

R V Galey

"Being together"in the context of section 235(b) involves "two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime"

35

R V Joyce

'Being together'require two or more people acting (physically present together) in the commission of an offence.

36

R V Pekepo

A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established

37

R V Mohi

The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent. It has never been regarded as necessary....that the crown should show the intent was carried out

38

R V Pryce

Detains
Detaining is an active concept meaning to keep in confindment or custody. This is to be contrasted to the passive concept of harbouring or mere failure to hand over

39

R V Wellard

Takes Away
The essence of the offence of kidnapping is the deprivation of liberty coupled with a carrying away from a place where the victim wants to be

40

R V Crossan (abduction/kidnapping)

Taking away and detaining are separate and distinct offences. The first consists of taking the victim away the second of detaining them.

41

R V Chartrand

Without lawful justification, authority or excuse

42

R V Archer

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value

43

R v Morley

Loss...is assessed by the extent to which the complainant's position prior to the (offence) has been diminished or impaired

44

R V Mane

To be considered an accessory the acts done by the person must be after the completion of the offence

45

R V Briggs

Knowledge may also be inferred from willful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth

46

R V Crooks

Knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence

47

R V Keen

The three questions formulated for 'without authority by the judge in R V Keen were:

(i) What is the authority asserted?
(ii) What is the extent of that authority?
(iii) Was it exceeded

48

R V Collins

Mental Element
There cannot be a conviction for entering a premises 'as a trespasser' unless the person entering does so knowing he is a trespasser and deliberately enters or is reckless whether or not he is entering the premises of another without the other parties consent

49

R V Steele

'to use' may be limited to the offender revealing by words or conduct show the defendant has actual possession of a weapon in their physical possession and readily available

50

Police V Pittman

The word 'weapon' carries the meaning of something used to inflict bodily injury....also any other item which the accused intended to use to inflict harm should the need arise... Bodily injury need not be limited to direct physical injury and can include bodily harm arising as a result of shock produced by the weapon

51

Pritchard V Police

In each case the aim of the legislation is the same, namely to apply a particular criminal sanction for the intrusion into living accomadation

52

R V Kennedy

A guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving

53

R V Lucinsky

The property received must be the property stolen or illegally obtained (or part thereof) and not some other item for which the illegally obtained property had been exchanged or which are the proceeds

54

Sullivan V Earl of Caithness

Constructive
Possession includes not merely those who have physical custody of firearms.... but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at another location

55

R V Donelly

Where stolen property has been physically recovered by the police, it is legally impossible to commit the crimes of receiving or attempted. It must be legally possible to receive the property

56

Churchill V Walton

The conspirators need not know it is an offence but must know the act is unlawful

57

R V White

The conspiracy may be by a person who could not commit the crime and where you can prove that a suspect conspired with other parties whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown

58

R V Sanders

A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in operation and therefore in existence until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged

59

Mulcahy V R

Conspires
A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means

60

Hayes V R (P.A)

A pecuniary advantage is anything that enhances the accused's financial position. It is that enhancement which constitutes the element of advantage

61

Hayes v R (V.C)

A valuable consideration is anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money's worth

62

Hayes V R (belief)

The question is whether the belief is held, not whether that belief is reasonable. However reasonableness may be relevant as evidence on the issue of whether the belief was actually held

63

Hayes V R (unsuccessful use)

An unsuccessful use of a document is as much use as a successful one. Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use.

64

R V Morley

An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary and must exist as the time of the deception

65

R V Misic

Essentially a document is a thing which provides evidence or information or serves as a record

66

R V Laverty

It is necessary for the prosecution to prove that the person parting with the property was induced to do so by the false representation made

67

Fisher V Raven

Credit
Refers to the obligation on the debtor to pay or repay in the time given to do so by the creditor. The obligation to pay must be legally enforceable

68

R V Mckay

...credit had been obtained....but at that time the accused did not possess an intent to deceive