Case Law

Question 1

R V Mohi

Mohair goat gets shaved at the time of taking away

Answer 1

Kidnapping/abduction complete

Offence committed at the time of taking away so long as there is the necessary intent. Crown don’t need to show intent.

Question 2

R v Cox (sex)

Answer 2

Consent must be voluntary free and informed

Question 3

R v Koroheke

Koro touched by no no

Answer 3

Genitalia comprise the reproductive organs, interior and exterior

Submission by a woman because she is frightened is not true consent

Question 4

T v Strawbridge

Answer 4

It is not up to the crown to establish guilty knowledge

If there is evidence to suggest no guilty knowledge and if the accused honestly had rgtb act was innocent, they can be acquitted.

Question 5

Police v Emirali

Answer 5

Possession of the drug must be a measurable and useable quantity

Question 6

R v Cox (drugs)

Answer 6

There are two elements of possession

Physical: actually or potential physical control or custody

Mental: knowledge and intent. Knowledge that the substance is in their possession and an intent to exercise possession.

Question 7

R v Gutuama

Gucci Gucci

Answer 7

Under the objective test the crown must prove that no reasonable person in the accused shoes would have thought the complainant was consenting

Question 8

R v Court

Answer 8

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

Question 9

R v Dunn

Answer 9

Indecency must be judges in light of time place and circumstances.

Must be more than trifling.

Must be sufficient to warrant the section of the law.

Question 10

R v Leeson

Answer 10

Definition of indecent assault is an assault accompanied with circumstances of indecency

Question 11

R v Norris

Answer 11

If a person charged with indecent assault can establish that they honestly believed the person was consenting they are entitled to be acquitted even if the grounds of belief were unreasonable

Question 12

R v Taisalika

Answer 12

Intent for serious assault

Nature of the blow and the gash it produced point strongly to the prescience of the necessary intent

Question 13

R v Collister

Answer 13

Circumstantial abide me from which the offenders intent may be inferred:

Offenders actions of words before during or after

Surrounding circumstances

Nature of the act itself

Question 14

DPP v Smith

Answer 14

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

Question 15

R v Waters

W W

Answer 15

A wound is breaking of the skin evidences by flow of blood may be internal or external

Question 16

R v Cox

Possession

Answer 16

Two elements.

Called element so actual or potential control or custody.

Second knowledge and intent. Knowledge that the accused is aware it is now in their possession and intent to exercise possession.

Question 17

R v Lapier

Answer 17

Robbery complete the instant the property was taken even if possession is only monetary

Question 18

R v Skivington

Skeevy guy defends robbery

Answer 18

Defence to theft (claim of right) is a defender to Robert

Question 19

R v Peat

Peat purge

Answer 19

Immediate return of good bu the offender does not purge the offence

Question 20

R v Maihi

Answer 20

In accompany there must be a nexus between the act of stealing and threat of violence. Both must be present but do not need to be contemporaneous.