CASE LAW Flashcards
CAMERON V R
RECKLESSNESS
Recognises there’s a real possibility that
their actions would bring about the prescribed result and/or
that the proscribed circumstances existed and
those actions were unreasonable.
Any reasonable person would see it was unreasonable
Cameron = dumb = reckless
R V COLLISTER
INTENT
Intent involves a deliberate act to get a specific result.
The necessary intent is inferred from the circumstances
Collister = circumstances
R V TAISALIKA
INTENT
The nature of the blow and the gash it produced point strongly to the presence of the necessary intent.
R V TIPPLE
RECKLESSNESS
Conscious and Deliberate taking of an unjustified risk
R V WATERS
WOUNDS
The breaking of the skin evidenced by the flow of blood.
May be internal or external.
Waters = flowing = blood
R V MCARTHUR
BODILY HARM
Includes any hurt or injury that interferes with health or comfort.
Need not be permanent, but must be more than transitory and trifling
Mcarthur = mcbody
DPP V SMITH
GRIEVOUS BODILY HARM
Harm that is really serious
R V TIHI
INTENT - AGGRAVATED
Prosecution must satisfy a two-fold test for the intent;
1) Intent to facilitate the commission of an imprisonable offence AND
2) Intent to cause the specified harm, or reckless as to the risk
Tihi = tee hee = tee pee = two in tents
R V STURM (x2)
- Not necessary to prove intended crime was committed
2. STUPEFY - Interferes on the the persons mental ability to fight back / stop the offence
R V WATI
OFFENCE COMMITTED
There must be proof of the commission / attempted commission of a crime either
- by the person committing the crime or
- by the persons whose arrest or flight he intends to avoid / facilitate
Wati = whaaat you committed an offence
R V CROSSAN (Serious Assaults)
INCAPABLE OF RESISTANCE
Includes Powerlessness of the will
as well as
Physical incapacity
Crossan = X = two offences
R V MISIC
DOCUMENT A thing which provides - evidence or - information or - serves as a record
Misic = music = CD = document
HAYES v R (x3)
PECUNIARY ADVANTAGE
Anything that enhances their financial position
VALUABLE CONSIDERATION
Anything capable of being valuable consideration,
in short money or moneys worth.
ATTEMPTS TO USE
An unsuccessful use of a document is as much use as a successful one.
R V MORELY (Deception)
INTENT TO DECEIVE
Purposeful intent is necessary and must exist at the time of the deception
R V COX (Possession)
POSSESSION
Involves two elements
- Actual and Physical control/custody of the item and
- The Knowledge or Awareness they possess the item
R V ARCHER
ARSON DAMAGE
Property may be damaged if it suffers permanent or temporary harm, or permanent or temporary impairment of it’s use or value.
Archer = fire archer = damages
R V MORELY (Arson)
CAUSE LOSS
Loss is assessed by the extent to which the complainants position prior to the ‘offence’ has been diminished or impaired.
Can only arise from direct loss. Indirect losses (including future profits) are not included
Morely = more loss = losses
R V CROSSAN (Abduction/Kidnapping)
TAKEN AWAY v DETAIN
Taking away and detaining are two separate and distinct offences.
The first consists of taking (the victim) away; the second of detaining her.
Crossan = X = two offences
R V WELLARD
TAKEN AWAY
Kidnapping is the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.
Wellard = well away = taken away
R V PRYCE
DETAINS
Detaining is an active concept meaning to “keep in confinement or custody”.
Does not include the passive concept of “harbouring” or mere failure to hand over.
R V COX (Abduction/Kidnapping)
CONSENT
Consent must be “full, voluntary, free and informed” by a person in a position able to form rational judgment.
R V MOHI
INTENT IN ABDUCTION
The offence is committed when the necessary intent was there at the time they are taken away.
It is not necessary to prove that the intent was carried out.
R V FORREST & FORREST
PROOF OF AGE
The best evidence possible in the circumstances should be adduced by the prosecution in proof of (the victims) age.
Adduced = adding proof in support of an argument
R V SKIVINGTON
CLAIM OF RIGHT AS A DEFENCE TO ROBBERY
Theft is an element of robbery, and if an offender has an honest belief that they have a claim of right, then it negates one of the elements in the offence of robbery.
Without proof of which the offence is not made out.
R V LAPIER
TAKING
Robbery is complete the instant the property is taken, even if possession by the thief is only momentarily.
R V PEAT
TAKING
Immediate return of the goods does not negate the offence, subject to the necessary intent existing at the time of the taking.
R V MAIHI
ACCOMPANIED BY
There must be a nexus (connection or link) between the act of stealing and a threat of violence.
Both must be present but are not required to be contemporaneous.
PENEHA v POLICE
VIOLENCE
The actions of the offender forcibly interfere with the victims personal freedom, tending to cause bodily injury or discomfort.
R V BROUGHTON
THREATS OF VIOLENCE
The manifestation of an intention to inflict violence unless the money or property is handed over.
The threat may be direct or veiled. It may be conveyed by words, or conduct, or a combination of both.
It is the conduct of the offender that is to be assessed, rather than the strength of nerves of the person threatened.
R V JOYCE
TOGETHER WITH
At least two person’s were physically present at the time the robbery was complete or the assault occurred.
R V GALEY
TOGETHER WITH
Two or more persons having the common intention to use their combined force, directly in the perpetration of the crime.
R V BENTHAM
APPEARING TO BE A WEAPON
What is possessed, must under the definition, be a thing.
A person’s hand or fingers are not a thing.
Bentham = Benthand = hand and fingers
R V MAKO
ROBBERY SENTENCING
Mako = shark = Sharks don’t care about age
R V KOROHEKE
x 2
GENITALIA
The genitalia comprise the reproductive organs, interior and exterior… they include the vulva and the labia, both interior and exterior, at the opening of the vagina.
CONSENT
It is important to distinguish between consent that is freely given and submission by a women to what she may regard as unwanted but unavoidable.
R V GUTUAMA
CONSENT
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.
R V LEESON
INDECENT ASSAULT
The definition of indecent assault is an assault accompanied with circumstances of indecency
R V DUNN
INDECENCY
Indecency must be judged in the light of the time, place and circumstances. It must be something more than trifling and be sufficient to warrant the sanction of the law.
COX V R
CONSENT OF A CHILD
No reasonable adult would have grounds for believing that a ten or eleven year old girl has the experience or maturity to understand the nature and significance of the act.
SAXTON V POLICE
IMPORTS
Includes to bring in from abroad or to cause to be brought in from a foreign country
R V HANCOX
IMPORTS
Importation involves active conduct.
It does not cease as the aircraft or vessel enters NZ territorial limits. The process exists from the time the goods enter NZ until they reach their immediate destination or have ceased to be under the control of the appropriate authorities.
R V STRAWBRIDGE
GUILTY KNOWLEDGE
It is not necessary to establish knowledge on the part of the accused.
In the absence of evidence to the contrary knowledge on their part will be presumed, except if there is some evidence that the accused honestly believed on reasonable grounds the act was innocent.
POLICE V EMERALI
USABLE QUANTITY
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
R V RUA
PRODUCE / MANUFACTURE
The words Produce and Manufacture broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
R V DONALD
SUPPLY
Supply includes the distribution of jointly owed property between it’s co-owners
R V KNOX
INTENT TO SUPPLY
A person who is in unlawful possession of a controlled drug, which has been deposited for safekeeping, has the intent to supply that drug to another if his intention is to return the drug to the person who deposited it with him.
R V DURING
OFFER TO SUPPLY
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.
R V BROWN
OFFER TO SUPPLY
Offer to supply a controlled drug can arise in a number of ways, including where the defendant;
1. offers to supply a drug they have on hand
2. offers to supply a drug that will be procured at some future date
3. offers to supply a drug that they mistakenly believe they can supply
4. offers to supply a drug deceitfully, knowing they will not supply the drug.
