Case Laws Flashcards
(12 cards)
What does recklessness mean in R v Harney?
Recklessness means being aware that your actions could lead to danger, but choosing to keep doing them anyway, despite the risk.
What must the prosecution prove regarding a victim’s age in 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.
What does R v Mane state about accessory to a crime?
To be considered an accessory, the acts done by the person must be after the completion of the offence.
What does R v Lavelle say about undercover officers?
Undercover officers can give someone the opportunity to commit a crime, but they can’t talk them into it or make them want to do it.
What is required to prove a plea in R v Cottle?
To prove a plea, the jury needs to believe it is more likely true than not, without having to rule out every possible doubt.
What is the most reliable evidence of a child’s birth date or place in R v Clancy?
The most reliable evidence is someone who was there at the birth or the child’s mother. A birth certificate, if available, could support this but isn’t necessary.
What must be shown regarding mens rea in R v Kamipeli?
It does not have to be shown that the defendant was incapable of forming the mens rea, merely that, because of their drunken state, they did not have the proper state of mind to be guilty.
What must the evidence prove in R v Horry for death to be considered murder?
To prove death as a murder, the evidence must be strong enough to remove any reasonable doubt. It should be so convincing that the jury can only explain the facts as murder, and no other reasonable explanation makes sense.
What does R v Codere state about the nature and quality of an act?
The nature and quality of the act means the ‘physical reality’ of what the person is doing. It doesn’t matter if the person thinks the act is right or wrong morally. For example, if someone is so delusional that they think they’re cutting bread but are actually cutting someone’s throat, they don’t understand the nature and quality of their act.
What must be shown to prove an attempted crime in R v Murphy?
You must show they intended to do that exact crime; for attempted murder, the prosecution must prove the person meant to kill, not just hurt.
What does R v Ranger say about self-defense and pre-emptive strikes?
It is possible for self-defense to be raised as a defense, even if the defendant has used a pre-emptive strike, if she genuinely believed that he would kill them, then the jury could entertain a pre-emptive strike would be reasonable force in the circumstances.
What issues does R v Tomars formulate regarding the accused’s actions?
(1)Did the accused threaten, scare or deceive the deceased?
(2)Did this cause the deceased to take the action that led to their death?
(3) Was the deceased’s action a natural result of what the accused did?
(4) Did the deceased’s actions, which were foreseeable, play a significant role in their death?
