memorising Flashcards
1
Q
Intent
MTDI, TDASRAAWTAOPOAI
A
A person does something intentionally if they mean to do it. They desire a specific result and act with the aim or purpose of achieving it.
2
Q
R V Mohan
ADTBA,ISFAILWTAP, TCOTO
A
A decision to bring about, in so far as it lies within the accused powers the commission of the offence
3
Q
R V Waaka
AFOPTINS,TMBAFIOAFPT
EAA
A
A fleeting or passing thought is not sufficient, there must be a firm intent or firm purpose to effect an act
4
Q
R V Taisalika
TNOTBATGWIPOTCHWPS
TTPOTNI
A
The nature of the blow and the gash which it produced on the complainants head, would point strongly to the presence of the necessary intent
5
Q
GBH
GBHCBDSAHTIRS
A
Grievous bodily harm can be defined simply as harm that is really serious
6
Q
DPP V Smith
BHNNEAGMNMANLTRS
A
“Bodily harm needs no explanation and “grievous” means no more and no less than really serious
7
Q
R V Waters ABOTSWBCRAACOAWTB OTSWBNEBAFOBAIIOATS OTBOITWWMOTNBEBTAT CWTBWETSOTMBI
A
Wound
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
Q
Maims
WIMCODPOTBSVIDTUOAL
OOOTSNTBSDOP
A
Will included mutilating, crippling or disabling part of the body so victim is deprived the use of a limb or one of the senses. Needs to be some degree of permanence
9
Q
Disfigures
TDMTDODTMOATFOAOAP
A
To disfigure means to deform or deface; to mar or alter the figure or appearance of a person
10
Q
R V Rapana and Murray
TWDCNOPDBATD
A
The word disfigure covers not only permanent damage but also temporary damage
11
Q
Rape PARPBIPAHSCWPBEBTPO PBGBPAP (a)WPBCTTC A (b)WBORGTPBCTTC S128(2),CA1961
A
Person A rapes person B if person A has sexual connection with person B effected by the penetration of person B genitalia by person A’s penis
(a) without Persons B’s consent to the connection and
(b) without believing on reasonable grounds person B consented to the connection
Section 128(2), Crimes Act 1961
12
Q
Penetration
IAPHTSM
ITTSDIETEAC
S2(1A), CA1961
A
Introduction and penetration have the same meaning
Introduction to the slightest degree is enough to effect a connection Section 2(1A), Crimes Act 1961
13
Q
Proof of penetration is required PMBPB - TCE - ME(DNA,I) - AA
A
Proof my be provided by
- the complainants evidence
- medical examination (DNA, Injuries)
- Accused admissions
14
Q
Genitalia
GIASCOROATANOMOFG
(WTPCIMFOOIS)
S2, CA1961
A
Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female or of indeterminate sex)
Section 2, Crimes Act 1961
15
Q
Penis
PIASCOROATANOP
(WTPCIMFOOIS)
S2, CA1961
A
Penis includes a surgically constructed or reconstructed organ analogous to naturally occurring penis (whether the person concerned is male, female or of indeterminate sex)
Section 2, Crimes Act 1961
16
Q
R V Koroheke
TGCTROIAETITVATL
BIAEATOOTV
A
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
17
Q
Consent
CIAPCAVATSDOPBA
A
Consent is a persons conscious and voluntary agreement to something desired or proposed by another
18
Q
RV Cox
CMBFVFAIFAVGBAPIAPTFARJ
A
Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgement
19
Q
Matters that do not constitute consent NPOOPRTUOF - AOFTSOO, TOFTSOO, OFOFTSOO - AOU - SABD/FTCC - SABMOPITCC - MI - MATTNAQOTA
A
- Not protesting or offering physical resistance to the use of force
- Application of force to self or others, threats of force to self or others, or fear of force to self or others
- asleep or unconscious
- So affected by drugs/alcohol they cannot consent
- So affected by mental or physical impairment they cannot consent
- Mistaken identity
- Mistaken as to the nature and quality of the act
Section 128A, Crimes Act 1961
20
Q
Reasonable grounds TEORGIATSP ST-S1-AOC WWTCTATT?WSC? ST-S2-BIC ISWNCDTOBTCWC? ieWWTOTATT? OT-S3-RGFBIC ITOBTCWC,WTBRITC ieWWARPBIPITSPATD?
A
The establishing of reasonable grounds is a three step process
Subjective test - Step 1 - Absence of consent
What was the complainant thinking at the time? Was s/he consenting?
Subjective test - Step 2 - Belief in consent
If s/he were not consenting, did the offender believe the complainant was consenting i.e. What was the offender thinking at the time?
Objective test - Step 3 - Reasonable grounds for belief in consent
If the offender believed the complainant was consenting, was that belief reasonable in the circumstances? i.e. what would a reasonable person have believed if placed in the same position as the defendant?
21
Q
R V Gutuama
UTOTTCMPTNRPITA
SCHTTCWC
A
Under the objective test the crown must prove that “no reasonable person in the accused shoes could have thought the complainant was consenting”
22
Q
Theft -D - AWCOR - TAPWITDAOPOTP - OOAIITP S219(1), CA1961
A
- Dishonesty
- and without claim of right
Taking any property with intent to deprive any owner permanently of that property - or of any interest in that property
Section 219(1), Crimes Act 1961
23
Q
R V Skivington
LOTIAIOR,AITHBTAMH
CORIADTL,TINOOTIITO
OR,WPOWTFOINMO
A
Larceny (or theft) is an ingredient of robbery, and if the honest belief that a man has 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 mad out
24
Q
R V Lapier
RICTITPIT,EIPBTTIOM
A
Robbery is complete the instant the property is taken, even if possession by the theif is only momentarily
25
Possession
| PMBAOC
Possession may be actual or constructive
26
Actual possession
APAWTTIQIIAPPC,IIOO
ATP,OIAH
Actual possession arises where the thing in question is in a person's physical custody; it is on or about their person, or immediately at hand.
27
```
Warner V Metropolitan Police Commissioner
ID(A)
TTPMBGASARMIIC.I,
APOATH
-CPCOI
- KOIE,ISAIQ
```
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
28
Constructive possession
CPAWSINIAPPC,BTHR
ATIOCECOI
Constructive possession arises when something is not in a person's physical custody, but they have ready access to it or can exercise control over it
29
```
Accompanied by
TPMP
-ACBTVOTOVATSOTP
-TDHAITSATTTVOTWU
-TVOTWUFTPOETP,OP
OORTIBS
```
Accompanied by The prosecution must prove
- A connection between the violence or threats of violence and the stealing of the property
- The defendant had intent to steal at the time the violence or threats were used
- The violence or threats were used for the purpose of extorting the property, or preventing or overcoming resistance to it being stolen
30
R V Maihi
IIIIATTMBAN(COL)BTAO
S...AATOV.BMBPHTTDN
RTTAOSATTOVBC
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..."
31
Violence
ITCOR,VMIMTAMDOFAM
TATA,BNNITIOBI
In the context of robbery, violence must involve more than a minimal degree of force and more than a technical assault, but need not involve the infliction of bodily injury
32
Peneha V Police
IISTTAOTDFIWPFOATFP
OVAOMPAVMOPETTCBIOD
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
Threats of violence
ATIGADOVWTVWBUIT
VDNSTTRD
TMABCBITTDC,DOEA,DOTC
A "threat"is generally a direct or veiled warning that violence will be used if the victim does not submit to the robbers demands.
Threats may also be conveyed by inference through the defendant's conduct, demeanor or even appearance, depending on the circumstances.
34
```
R V Broughton (1986) 1NZLR 641
ATOVITMOAITIV
UTMOPBHO.TTM
BDOV.IMBCBWOC,
OACOB
```
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."
35
To any person
GNPBJNOBCE
VOTCBDAAPNJTVAAPOI
Gender neutral. Proven by judicial notice or circumstantially
Violence or threats can be directed at any person not just the victim and any property or interest.
36
Property
IROPPAAEOIIAROPP,
M,E,AAD,AATIA,AAOROI
S2, CA 1961
Includes any real or personal property, and any estate or interest in any real or personal property, money, electricity and any debt, and any thing in action, and any other right or interest
Section 2, Crimes Act 1961
37
Extort
TEMTOBCOI
EIAOOTWOTV,ATPMS
TTTITVTPWHP
To "extort" means "to obtain by coercion or intimidation"
Extortion implies the overbearing of the will of the victim and the prosecution must show that the threats induced the victim to part with his property
38
Prevent
| TKFH
To keep from happening
39
Overcome resistance
| TD,TPO,TGTBOIAC
"to defeat; to prevail over; to get the better of in a conflict"
40
```
Imports
I
(a) IRTAG,MTAOTGINZIAM,
WLOUFAPONZ
S2, CAEA1996
```
Importation
(a) in relation to any goods, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand
Section 2, Customs and Excise Act 1996
41
```
Exports
TOE
FTPOTA,TTOEITTWTECL
TLCPAWTCCIBPTAPONZ
S53CAEA1996
```
Time of exportation
For the purpose of this Act, the time of exportation is the time when the exporting craft leaves the last customs place at which that craft calls immediately before proceeding to a point outside of New Zealand
Section 53 Customs and Excise Act 1996
42
Saxton V Police
| TIITIFAOTCTBBIFAFC
To import includes "to introduce from abroad, or to cause to be brought in from a foreign country
43
R V Hancox
TEOIEFTTTGENZUTRTID
(ie)WTHCTBUTCOTA
AAHBATTCOA
The element of importing exists from the time the goods enter New Zealand until they reach their immediate destination (ie) when they have ceased to be under the control of the appropriate authorities and have become available to the cosignee or addressee
44
```
Guilty Knowledge (Importing)
TCMPNOTTDCISWCTTAIO
TD,IMAPTDGK
TWIPTTD
- KATI,A
- KTISWACD,A
- ITCTI
```
The crown must prove not only that the defendants conduct in some way contributed to the actual importation, it must also prove the defendants guilty knowledge
This will involve proof that the defendant
- knew about the importation and
- knew the imported substance was a controlled drug and
- intended to cause the importation
45
```
R V Strawbridge
IINNFTCTEKOTPOTA.
ITAOETTCKOHPWBP,
BITISETTAHBORGTHAWI,
TSIETBAUTJISBRDTTWNS
```
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.
46
Police V Emerali
UA
IADOTQODIMBMAU
TSOOPANDNETSMAUROTS
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".
47
Controlled Drug
MASPMOASODIS1,
S2OS3OTAAIACDA
S2, MODA1975
Means any substance, preparation, mixture or article specified or described in schedule 1, schedule 2 or schedule 3 of this act and includes any controlled drug analogue
Section 2, misuse of Drugs Act 1975
48
```
Unlawful sexual connection
PAHUSCWPBIPAHSCWPB
(a) WPBCTTC,A
(b) WBORGTPBCTTC
S128(3), CA 1961
```
Person A has unlawful sexual connection with person B if person A has sexual connection with person B
(a) without person B's consent to the connection and
(b) without believing on reasonable grounds person B consents to the connection
Section 128(3), Crimes Act 1961
49
```
Sexual Connection
(a) CEBTIITGOAOOP,
OTFGMPO
(I) APOTBOAPO
(II) AOHOMBAP
(b) CBTMOTOOPAAP
OAPGOAO
(c) TCOCOAKDIP(a)OP(b)
```
(a) Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes of
(i) a part of the body of another person or
(ii) an object held or manipulated by another person or
(b) Connection between the mouth or tongue of one person and a part of another persons genitalia or anus or
(c) the continuation of connection, of a kind described in paragraph (a) or paragraph (b)
50
Injure
MTCABH
S2, CA1961
Means to cause actual bodily harm
| Section 2, Crimes Act 1961
51
R V Donovan
BH..IAHOICTIWTHOCOTV
..INNBP,BM,ND,BMTMTAT
'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 trifling
52
With reckless disregard for the safety of others
| ARICADTAUR
Acting reckless involves consciously and deliberately taking an unjustifiable risk
53
R V Harney
RIFODCTCWH,TWAITC
TCOCROTR
Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk
54
```
Robbery
-T
- ABVOTOV
- TAPOP
- UTETPSOTPOORTIBS
S234(1), CA 1961
```
-theft
- accompanied by violence or threats of violence
- to any person or property
- used to extort the property stolen or to prevent or overcome resistance to its being stolen
Section 234(1), Crimes Act 1961
55
At the time of
| DTCOTT,ATTOTWTRI
During the commission of the theft, at the time of taking with the required intent
56
Immediately before
| RTTCITBTRATIOGBH
Refers to the connection in time between the robbery and the infliction of grievous bodily harm
57
Immediately after
| RTTCITBTRATIOGBH
Refers to the connection in time between the robbery and the infliction of grievous bodily harm
58
Produce
| TPMTBSIBOTBSIEFIRMOE
To "produce" means to bring something into being, or to bring something into existence from its raw materials or elements
59
Manufacture
| MITPOSCCOPRMTCANS
Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance
60
R V Rua
TWPOMIS6(1)(b)BCTCO
CDBSFOPWCTOSIAPCD
the words "produce" or "manufacture" in s 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
61
Complete
| TOICOTPSICWONIIIAUF
the offence is complete once the prohibited substance is created, whether or not it is in a useable form
62
```
Guilty knowledge (Produce/manufacture)
TWIPTTD
-KATP/MA
-KTP/MSWACDA
-ITCTP/M
```
This will involve proof that the defendant
- knew about the produce/manufacturing and
- knew the produce/manufacturing substance was a controlled drug and
- intended to cause the produce/manufacturing
63
```
Assault
AMTAOIAOATAFTTPO
ADOIOTBAAOGTASFT
TPOAITPMTTHOCTOT
BORGTHHPATEHP,AT
AHACM
S2, CA1961
```
Assault means the act of intentionally applying or attempting to apply force to the person of another directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose, and to assault has a corresponding meaning
Section 2, Crimes Act 1961
64
```
Sexual violation
(1) SVITAOAPW
(a) RAPO
(b) HUSCWAP
S128(1), CA1961
```
(1) Sexual violation is the act of a person who
(a) rapes another person or
(b) has unlawful sexual connection with another person
Section 128(1), Crimes Act 1961
65
Being together with
TMBPT,ICTR,TDWPOA
JEBTOMPWWPPATR
There must be proof that, in committing the robbery, the defendant was part of a joint enterprise by two or more persons who were physically present at the robbery
66
R V Galey
BTITCOS235(b)ITOMP
HTCITUTCFEIAEOACM
RDITPOTC
"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."
67
R V Joyce
| BTRTOMPA(PPT)ITCOAO
'Being together' require two or more people acting (physically present together) in the commission of an offence
68
Child
CMAPUTAO12Y
S132(6)(A), CA1961
```
Child means a person under the age of 12 years
Section 132(6)(a), Crimes Act 1961
```
69
Proving age
IPTGIPTVBCICWIETIT
VATPNITC
In practice this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate
70
R V Forrest and Forrest
TBEPITCSBABTPIPO
TVA
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
71
Being armed with
TTBAWMTTDICTIOH
IAFIUAAW
The term "being armed with" means that the defendant is carrying the item or has it available for immediate use as a weapon
72
Offensive weapon
AAMOAFCFCBIOIBT
PHIWHFSU
S202A(1), CA1961
```
Any article made or altered for use for causing bodily injury or intended by the person having it with him for such use
Section 202A(1), Crimes Act 1961
```
73
Instrument
TTIINDBSBWIAIITBUA
AWOTIAOTVWTR
The term "instrument" is not defined by statute, but will include any item intended to be used as a weapon or to intimidate and overbear the victims will to resist
74
Anything appearing to be such a weapon or instrument
IMBPBTTOATBAOWOIT
TVATTDIOWALRATTPTI
WBPAAW
It must be proved both that the object appeared to be an offensive weapon or instrument to the victim, and that the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon
75
Indecent act
AATIIHSCAICDAAPTIOT
PMV
An act that is indecent has sexual connotations and involves conduct directed at a person that is offensive to public moral values
76
R V Court
I
IMCTR-TPWCAATTSMOTC
Indecency
| Indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant
77
```
If such an act is done with the consent ....
ISAAIDWTCOTC/YP,IIIW
- TODTAOTC/YP
- TC/YPDTAOTO
- TAIM
```
If such an act is done with the consent of the Young person/Child it is immaterial whether:
- The offender does the act on the young person/ Child
- The young person/ Child does the act of the offender
- the act is mutual
78
Doing an indecent act on a child
DAIAOACIIATC
S132(6)(b), CA1961
```
Doing an indecent act on a child includes indecently assaulting the child
Section 132(6)(b), Crimes Act 1961
```
79
Young person
YPMAPUTAO16Y
S134(6)(A), CA1961
```
Young person means a person under the age of 16 years
Section 134(6)(a), Crimes Act 1961
```
80
Doing an indecent act on a young person
DAIAOAYPIIATYP
S134(6)(b), CA1961
```
Doing an indecent act on a young person includes indecently assaulting the young person
Section 134(6)(b), Crimes Act 1961
```
81
R V Leeson
IA
TDOIA...IAAAWCOI
Indecent assault
| The definition of "indecent assault" is an assault accompanied with circumstances of indecency
82
R V Tihi
IATOOTSIOIP(a)(b)(c)
IMBSTOEMTCTSHOFTTA
UBHWLTEOTROSI
In addition to one of the specific intents outlined in paragraphs (a), (b) or (c) it must be shown the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it
83
Facilitate the commission
| TMPOTMEOE
To make possible or to make easy or easier
84
R v Sturm [191(1)(a)]
US191(1)(a)IINNFTPTPTI
CWASC
under section 191(1)(a) it is not necessary for the prosecution to prove the intended crime was actually subsequently committed
85
Avoid detection
OUS191(1)(b)ADTCOAI,
WTOCTSHTPHOAPFBCITA
Offences under section 191(1)(b) arises during the commission of an imprisonable where the offender causes the specified harm to prevent himself or another person from being caught in the act
86
Facilitate flight
TMPOTMEOE
TSHICTETOTMEETEO
TPTCATCOACOAIO
To make possible or to make easy or easier
The specified harm is caused to enable the offender(s) to more easily effect their escape or prevent their capture after the commission or attempted commission of an imprisonable offence
87
Imprisonable offence
IOM,ITCOAI,AOPBIFL
OBATOI
Imprisonable offence means, in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment
88
R V Wati
TMBPOTCOACOACE
BTPCTAOBTPWAOF
HITAOF
There must be proof of the commission or attempted commision of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate
89
R V Sturm (stupefies)
TSMTCAEOTMONSO
APWRSIWTPMOPATA
IAWWMHAIC
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
90
Renders unconscious
| TRAPUTOAMCTVTLC
To render a person unconscious, the offenders actions must cause the victim to lose consciousness
91
Any violent means
| ITAOFTPIAP
Includes the application of force which physically incapacitates a person
92
R v Crossan
| IORIAPOTWAWAAPI
Incapable of resistance means a powerlessness of the will as well as a physical incapacity
93
Supply
ITD,G,OS
S2, MODA 1975
Includes to distribute, give or sell
| Section 2, Misuse of drugs Act 1975
94
R V Maginnis
SIMTTMTOPC(II)ETRTATT
...TPFWHD
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..."
95
Administers
ITCODD,TAMOAITDACA..
DTBTITSOAP
BLD
In the context of drug dealing, the appropriate meaning of administer is to direct and cause a ....drug to be taken into the system of another person.
Black's law dictionar
96
R V During
OTS
(AOI)AIBTPCTATHIROR
TSTTODOAKPBTS
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
97
```
R V Brown
OTS
-OTSADTHHOH
-OTSADTWBPASFD
-OTSADTHMBHCS
-OTSADD,KHWNSTD
```
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
98
```
Offering to administer
OTA
-OTAADTHHOH
-OTAADTWBPASFD
-OTAADTHMBHCS
-OTAADD,KHWNSTD
```
Offering to administer
- offers to administer a drug that he has on hand
- offers to administer a drug that will be procured at some future date
- offers to administer a drug that he mistakenly believes he can supply
- offers to administer a drug deceitfully, knowing he will not supply that drug
99
Otherwise deals in
TT"OD"IP(c)IAADIADBSMOTBD,
GOSI,AIOOTSOAI
The term otherwise deals in paragraph (c) is aimed at dealing in a drug by some means other than distributing, giving or selling it, administering it or offering to supply or administer it
100
```
Guilty knowledge (Supply/administer/offer)
TWIPTTD
-KATS/A/O,A
-KTS/A/OSWACD,A
-ITCTS/A/O
```
This will involve proof that the defendant
- knew about the Supply/administer/offer and
- knew the Supply/administer/offer substance was a controlled drug and
- intended to cause the Supply/administer/offer
101
Class A Controlled
MACDSODIS1TTA
S2, MODA1975 Drug
Means any controlled drugs specified or described in Schedule 1 to this Act
Section 2, Misuse of Drugs Act 1975
102
Class B Controlled Drug
MACDSODIS2TTA
S2, MODA1975
Means any controlled drugs specified or described in Schedule 2 to this Act
Section 2, Misuse of Drugs Act 1975
103
Offers to administer
| IINNTSTPMTOTSAITSTD
It is not necessary to show the person making the offer actually intended to supply the drug
104
Class C Controlled Drug
MTCDSODIS3TTAAIACDA
S2, MODA1975
Means the controlled drugs specified or described in Schedule 3 to this Act and includes and controlled drug analogue
Section 2, Misuse of Drugs Act 1975
105
Sell
ASOWAQOSIADIEFSVC.
WCBM,BAOVWS
A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration. Will commonly be money, but anything of value will suffice
106
```
Dealing with controlled drugs
FTPOP(e)OS(1)OTS,
IIIPTAPHSACDTAPH
SUTCIPBDTHSTCDTTOP
Section6(5), MODA1975
```
```
For the purposes of paragraph (e) of subsection (1) of this section, if it is proved that a person has supplied a controlled drug to another person he shall until the contrary is proved be deemed to have sold that controlled drug to that other person
Section 6(5) Misuse of drugs Act 1975
```
107
Offers to sell
TPMPTE:
-TCOAOTSACD(TAR)A
-AITTOPBTOTBG(TMR)
The prosecution must prove two elements:
- the communicating of an offer to sell a controlled drug (the actus reus) and
- an intention that the other person believes the offer to be genuine (the mens rea)
108
Possession (Sec 2(2), Misuse of drugs act 1975)
FTPOTA,TTWAPHIHP
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For the purposes of this act, the things which a person has in his possession include any thing subject to his control which is in the custody of another
Section 2(2), Misuse of drugs Act 1975
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109
Section 6(1)(c), Misuse of Drugs Act 1975
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Supply or administer, or offer to supply or administer any class A controlled drug or class B controlled drug to any other person, or otherwise deals in any such controlled drugs
Section 6(1)(c), Misuse of Drugs Act 1975
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110
Section 6(1)(d), Misuse of Drugs Act 1975
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Supply or administer, or offer to supply or administer, any class C controlled drug to a person under 18 years of age
Section 6(1)(d), Misuse of Drugs Act 1975
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111
Section 6(1)(e), Misuse of Drugs Act 1975
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Sell or offer to sell, any class C controlled drug to a person of or over 18 years of age
Section 6(1)(e), Misuse of Drugs Act 1975
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112
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Dealing with controlled drugs - Presumption
FTPOS(1)(f),APIPUTCIPTBIPOACD
FAOTPIS(1)(c),(d),O(e)IHOSIIPOTC
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```
For the purposes of subsection (1)(f), a person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in subsection (1)(c),(d) or (e) if he or she is in possession of the controlled drug in an amount, level, or quantity at or over which the controlled drug is presumed to be for supply (See section 2(1A))
Section 6, Misuse of Drugs Act 1975
113
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Dependent family member 131A (1)(a)
FTPOS131,OPIADFMOAP
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(ii)AP,SPOFPOAPDISP(i)O
(iii)ACOHOHPOSPO
(iv)TSODFPOAPDISP(i)OSP(ii)OSP(iii)
```
For the purposes of section 131, one person is a dependent family member of another person -
(a) if the other person has power or authority over him or her, and is-
(i) his or her parent, step parent, foster parent, guardian, uncle or aunt or
(ii) a parent, step parent or foster parent of a person described in sub-paragraph (i) or
(iii) a child of his or her parent or step parent or
(iv) the spouse or de facto partner of a person described in sub-paragraph (i) or sub-paragraph (ii) or sub-paragraph (iii)
114
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Dependent family member 131A (1)(b)
FTPOS131,OPIADFMOAP
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(ii)HARF,OSRIHOHCOU
```
For the purposes of section 131, one person is a dependent family member of another person -
(b) if they are members of the same family, whanau, or other culturally recognized family group, and the other person-
(i) is not a person refferred to in paragraph (a) but
(ii) has a responsibility for, or significant role in, his or her care or upbringing
115
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Dependent family member 131A (1)(c)
FTPOS131,OPIADFMOAP
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(ii)ARF,OSRI,HOHCOU
```
For the purposes of section 131, one person is a dependent family member of another person -
(c) if he or she is living with the other person as a member of the other person's family, and the other person is not a person referred to in paragraph (a), but has -
(i) power or authority over him or her and
(ii) a responsibility for, or significant role in, his or her care or upbringing
116
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Must prove guilty knowledge (possession)
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This will involve proof that the defendant
- knew about the possession and
- knew the possessed substance was a controlled drug and
- intended to carry out either (c),(d) or (e)
117
Discharges
| TDITCMTFOS
To discharge in this context means to fire or shoot
118
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Firearm
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(ii)AWIN,FTTBCODAS,B,MOOPBWBICOTROACPOP
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(iii)A(BAFWTMOP(a)OTDOSP(i)OTP)WIFTTBDOPDA
(iv)ASDA
S2,AA83
```
Firearm
(a) means anything from which any shot, bullet, missile or other projectile can be discharge by force of explosive and
(b) Includes
(i) Anything that has been adapted so that it can be used to discharge a shot, bullet, missile or other projectile by force of explosive and
(ii) Anything which is not, for the time being capable of discharging any shot, bullet, missile or other projectile but which by its completion or the replacement of any component part or parts or the correction or repair of any defect or defects would be a firearm within the meaning of paragraph (a) of this definition or sub-paragraph (i) of this paragraph and
(iii) anything (being a firearm within the meaning of paragraph (a) of this definition or sub-paragraph (i) of this paragraph) which is for the time being dismantled or partly dismantled and
(iv) any specially dangerous airgun
Section 2, Arms Act 1983
119
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Airgun
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(b)AAP
(c)AWFWBTUOGOCA(ANBFOE)AS,B,MOOPCBD
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Airgun includes
(a) any air rifle
(b) any air pistol
(a) any weapon from which, by the use of gas or compressed air (and not by force of explosive) any shot bullet, missile or other projectile can be discharged
Section 2, Arms Act 1983
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120
Similar weapon
| SW
Similar weapon
121
Sends to or delivers
The term send or deliver take their ordinary meaning and may include situations where the victim receives a dangerous thing by mail or courier
122
Puts in any place
would take on its normal meaning and would include any place an item can be left
123
Explosive
Any substance or mixture or combination of substances which in it's normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect, Includes: gun powder, gelignite, detonators Does not include: Firearms, fireworks
Section 2, Arms Act 1983
124
Injurious substance or device
The term "injurious substance or device" covers a range of things capable of causing harm to a person; for example a letter containing anthrax powder that is mailed to a political target
125
Completion of offence (firearms)
Although offences under section 198(1)(a) require the actual discharge of a firearm at a person, under section 198(1)(b) it in not necessary for an explosion to occur; the offence is complete when an explosive or an injurious substance or device is sent, delivered or put in place. However, the substance must have the capacity to explode or cause injury
126
Sets fire (firearm)
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat
127
Against any Constable
Constable means a police employee who - (a) holds the office of constable (whether appointed as a constable under the Police Act 1958 or this act) and
(b) includes a constable who holds any level of position within the New Zealand Police
Section 4, Police Act 2008
128
Acting in the course of his or her duty
The term includes every lawful act which a constable does while on duty, and may include acts done where the circumstances create a professional obligation for a constable to exercise policing duties while off duty
However, an officer who is acting unlawfully, cannot be said to be acting in the course of his or her duty****
129
Knowing that the person is a member of the police so acting
The accused must know the victim is a police officer and know that the officer is acting in the course of his or her duty, or be reckless as to those facts.
130
Knowing / knowledge
Knowing means knowing or correctly believing
Simester and Brookbanks
The defendant may believe something wrongly, but cannot know something that is false
131
Must be in the commission of an imprisonable offence
Must be in the commission of an imprisonable offence
132
Uses
Has a narrower meaning than 198A and includes firing or presenting a firearm, or displaying it in a menacing manner, but may not extend to the use of a firearm as a club
133
To obtain consent by fraud
Consent obtained by the misrepresentation of the facts or the offenders intentions
134
To obtain consent by duress
Consent obtained by actual or implied threat of force to the victim or another person. Can include other forms of pressure and coercio
135
Section 209A, Crimes Act 1961
A child under the age of 16 years cannot consent to being taken away or detained
136
Cause to be married or have sexual connection with some other person
This relates to situations where the abductor takes away or detains the victim to enable another person to marry them
OR
Under this provision the offender's intent is to enable another person to have sexual connection with the victim
137
Marry
In this context means to engage in a marriage solemnized in accordance with the provisions of the Marriage Act 1955
138
Ransom or Service
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Ransom
A sum of money demanded or paid for the release of a person being held capture
or
Service
Hold as a servant or slave
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139
Confined or Imprisoned
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Confined
Restricting their movements to within a geographical area
or
Imprisoned
To be held as if in prison
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140
Sent out of New Zealand or Taken out of New Zealand
Sent out of New Zealand
Sent- normal meaning, to be sent outside New Zealand shores
OR
Taken out of New Zealand
Taken suggests victim in company or custody of a person accompanying them out of New Zealand
141
Person (if applicable, obtain any benefit or cause loss)
Gender Neutral. Proven by judicial notice or circumstantial evidence
**** (add only if relates)
Legislation provides a wide definition of the term person that incorporates not only real people, but also companies and other organisations.
Section 2, Crimes Act 1961
142
Benefit
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Any benefit, pecuniary advantage, privilege, property, service or valuable consideration
Section 267(4), Crimes Act 1961
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143
Obtain
Obtain in relation to any person means obtain or retain for himself or herself or any other person
Section 217, Crimes Act 1961
144
Immovable property
property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable. In general, it relates to buildings and land and things growing on land, such as forrest
145
Aircraft
means any machine that can derive support in the atmosphere from the reaction of the air otherwise than by the reactions of the air against the surface of the earth
Section 2, Civil Aviation Act 1990
146
Damages by fire
Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient
147
Life
"life" in this context means human life, and the danger must be to the life of someone other than the defendant.
148
Claim of right
In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed
Section 2, Crimes Act 1961
149
vehicle
Means a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved
Section 2 Land Transport Act 1998
150
Ship
Means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft, or like vessel; and also included any ship belonging to or used as a ship of the armed forces of any country
Section 2, Crimes Act 1961
151
evade justice
All acts must be done by accused with the express intention that the person evades justice either by avoiding arrest or conviction
152
the act must have specifically....
the act must have specifically assisted the offender after they had been arrested
153
tampers with/actively suppresses evidence
must do a deliberate act in relation to evidence against the offender for the purpose of assisting the person to evade justice. the act must actually help the person
154
party
Defined as being anyone who
- commits the offence
- does or omits an act for the purpose of aiding any person to commit the offence
- abets any person in the commission of the offence
- incites, counsels or procures any person to commit the offence
Section 66(1), Crimes Act 1961
155
offence
An act or omission that is punishable that is punishable on conviction under any enactment and demarcated into four categories
156
Challenge (to accessory after the fact)
A person charged with being an accessory after the fact is entitled to insist on proof of the principle crime and to challenge the evidence of it even if the principle offender has pleaded guilty
157
Receives/comforts or assists
the accused does a deliberate act for the purpose of assisting the person to evade justice. the act done must actually help the person in some way
158
Knowing (accessory after the fact)
the accused must have knowledge that the person that they are being an accessory to was party to an offence at the time of assisting them
159
A continuing act of remaining
A continuing act of remaining in the building without authority and the continuing act is accompanied at some point by an intent to commit a crime within the building
160
While committing
The accused must be in the process of committing a burglary
161
Has (burglary)
The words "has a weapon with him or her" require no more than that the weapon is on the person of the accused or is readily available to him or her
162
Uses (Burglary)
A weapon may be "used" where words or conduct show the defendant has actual possession of a weapon or it is immediately available
163
Anything as a weapon
| burglary
Under this provision the item is not necessarily one that is made to inflict bodily injury it is any item capable of inflicting bodily injury so long as the person using it intends it to be used for such purpose
164
Present (burglary)
the accused must still be present on the building or ship. In this sense the finding of the accused on the premises is an essential part of the offence.
165
Includes
The word includes and the particular examples used it is clear that parliament was not attempting to provide a comprehensive list of the items that might fall within the definition.
166
Authority
The act does not provide a definition of authority in general terms permission to enter onto (or remain within) the premises will be given by the occupier or person entitled to give consent
167
An imprisonable offence (burglary/receiving)
Normal meaning - any offence punishable by a term of imprisonment
168
Having
The word 'having' changes the entry element from 231(1)(a) as the accused must have already entered the building or ship before formulating the required intent to commit a crime
169
Remaining
The term "remaining" suggests this form of the offence may be committed in two ways
170
the physical element of the offence is complete (burglary)
the physical element of the offence is complete on the act of deliberately remaining in the building after the point where the accused should have left the building.
171
Building
means any building or structure of any description, whether permanent or temporary; and includes a tent, caravan or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel
172
Entry
For the purposes of section 231 and section 232 entry is defined under section 231(3) as:
(a) entrance into a building or ship is made as soon as any part of the body of the person making the entrance, or any part of any instrument used by that person, is within the building or ship
and
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(b) everyone who gains entrance to a building or ship by any threat or artifice used for that purpose is to be treated as having entered without authority
Section 231(3), Crimes Act 1961
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173
Receiving
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Receiving is complete as soon as the offender has, either exclusively or jointly with the thief or any other person, possession of, or control over, the property or helps in concealing or disposing of the property
Section 246(3), Crimes Act 1961
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174
Mens rea (Conspiracy)
The mens rea (mental intent) necessay for a conspiracy is:
- an intention of those involved to agree; and
- an intention that the relevant course of conduct should be pursued by those party to the agreement
175
Between two or more persons
A person cannot conspire alone; there must be another conspirator for an offence to be committed
176
Section 67, Crimes Act 1961
A husband and wife or civil union partners can commit conspiracy
177
Offence (Conspiracy)
Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories
178
Actus reus (Conspiracy)
the actus rea (physical element) of conspiracy is the agreement between two or more people to put their common design into effect.
179
The conspiratorial agreement requires....
The conspiratorial agreement requires the operation of both the physical and the mental faculties
180
Person (Obtains by deception)
Person, owner, and other words and expressions of the like kind, include the Crown and any public body or local authority, and any board, society, or company and any other body of persons, whether incorporated or not, and the inhabitants of the district of any local authority, in relation to such acts and things as it or they are capable of doing or owning
Section 2, Crimes Act 1961
181
loss
is likely to include financial and property losses and may also encompass emotional, cultural and intellectual losses
182
Liability
legally enforceable financial obligation to pay
183
Debt
money owing from one person to another
184
Intent to deceive
offender must know representation is false and intend the other person to act upon it as genuine
185
False representation
- Must be false and the defendant must know or believe that it is false in a material particular' or
- be reckless whether it is false
Absolute certainty is not required and willful blindness as to the falsity of the statement will suffice
186
Deception
(a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and -
(i) knows that it is false in a material particular; or
(ii) is reckless as to whether it is false in a material particular
(b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or
(c) a fraudulent device, trick, or stratagem used with intent to deceiv
187
Uses or attempts to use
The prosecution must prove that the offender used of attempted to use the document with the intent to obtain the property, service, pecuniary advantage or valuable consideration
188
Document
Includes part of a document in any form, and includes
-Paper/material containing anything that can be read
-photos, negatives and related items
-discs, tapes, cards or other devices/equipment on which information is stored and can be reproduced
Section 217, Crimes Act 1961
189
Takes
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For tangible property, theft is committed by taking when the offender moves the property or causes it to be moved
Section 219(4), Crimes Act 1961
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190
Dishonestly
In relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority
Section 217, Crimes Act 1961
191
Pecuniary advantage
economic or monetary advantage
192
Service
limited to financial or economic value
193
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
194
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
195
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
196
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
197
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.
198
R V Chartrand
Without lawful justification, authority or excuse
199
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
200
R v Morley
Loss...is assessed by the extent to which the complainant's position prior to the (offence) has been diminished or impaired
201
R V Mane
To be considered an accessory the acts done by the person must be after the completion of the offence
202
R V Briggs
Knowledge may also be inferred from willful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth
203
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
204
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
205
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
206
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
207
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
208
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
209
R V Kennedy
A guilty knowledge that the thing has been stolen or dishonestly obtained must exist at the time of receiving
210
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
211
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
212
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
213
Churchill V Walton
The conspirators need not know it is an offence but must know the act is unlawful
214
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 unknow
215
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
216
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
217
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
218
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
219
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
220
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.
221
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
222
R V Misic
Essentially a document is a thing which provides evidence or information or serves as a record
223
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
224
Fisher V Raven
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RTTOOTDTPORITTGTDSBTC.TOTPMBLE
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
225
R V Mckay
| CHBOBATTTADNPAITD
...credit had been obtained....but at that time the accused did not possess an intent to deceive
