Case Law pg 5 Flashcards
R v Bentham
Armed with -offensive weapon
“What is possessed must under the definition be a thing. a person’s hand or fingers are not a thing.
R v Morley
Intention to deceive - deception
An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of deception.
Simester & Brookbanks (1/2)
Debt or liability
The debt or liability must be legally enforceable. This means that if the contract is void or illegal there will be no defence.
Simester & Brookbanks (2/2)
Thing capable of being used to derive a pecuniary advantage.
The ‘thing’ must be tangible and must be capable of being used to derive a pecuniary advantage.
Morley v R
Cause loss
“The loss alleged by the victim must have been induced by, or caused reliance, unpin the deception. But the deception need not be the only operative factor, so long as it played a material part in occasioning the loss.”
R v Archer
Damage to property
R v Wilson
Interested in property
Tenancy of property constitutes an interest in it
Saxton v Police
Imports (drug dealing)
To import includes “to introduce or bring in from abroad or to cause to be brought in from a foreign country”.
R v Hancox
Imports (drug dealing)
“Importation” involves active conduct. It does not cease as the aircraft or vessel enters New Zealand territorial limits. The process of importation exists from the time the goods enter New Zealand until they reach their immediate destination or have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee”.
R v Bentham
Armed with -offensive weapon
“What is possessed must under the definition be a thing. a person’s hand or fingers are not a thing.
R v Morley
Intention to deceive - deception
An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of deception.
Simester & Brookbanks (1/2)
Debt or liability
The debt or liability must be legally enforceable. This means that if the contract is void or illegal there will be no defence.
Simester & Brookbanks (2/2)
Thing capable of being used to derive a pecuniary advantage.
The ‘thing’ must be tangible and must be capable of being used to derive a pecuniary advantage.
Morley v R
Cause loss
“The loss alleged by the victim must have been induced by, or caused reliance, unpin the deception. But the deception need not be the only operative factor, so long as it played a material part in occasioning the loss.”
R v Archer
Damage to property
