Case Law Flashcards
When an example of Genitalia is required, what case law could you refer to?
R V KOROHEKE
‘The genitalia compromise the reproductive organs, interior and exterior…they include the vulva and the labia, both interior and exterior, at the opening of the vagina.
What does R V COX refer to in relation to consent?
Consent:
Consent must be “full free and informed…freely and voluntarily given by a person in a position to form a rational judgement.”
What are two case law examples which relate to consent?
R V COX
R V GUTUAMA
What case law would you refer to when discussing an element which a specified age is required to be proven?
R V FORREST AND FORREST
When using examples in case law of indecency, what would you refer to?
R V COURT
(right-thinking people would consider the act an affront to the sexual modesty of the complainant)
and
R V DUNN
(time, place, circumstances)
“The definition of ‘indecent assault’ is an assault accompanied with circumstances of indecency.
Refers to which case law?
R V LEESON
Which case law would you use, when discussing defences for an indecent assault?
R V NORRIS
When discussing serious assault and intent of the defendant, which case law would you refer to?
R V TAISALIKA
The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.
When discussing ‘intent’….
What case law lists circumstantial evidence that may be used?
R V COLLISTER
- The offender words, beforem during and after
- the surrounding circumstances
- the nature of the act itself
GBH
Is explained as: ‘bodily harm needs no explaination and grevious means no more and no less than really serious. ‘
Which case law is this?
DDP V SMITH
When discussing wounding in R V WATERS,
what is stated?
A wound is a ‘breaking of the skin evidence bu the flow of blood. May be internal or external.’
R V RAPANA AND MURRAY
Refers to disfigures…what is mentioned?
Disfigures covers not only permanent damange but also temporary.
When a charge including injures is discussed, what case law may be mentioned?
R V MCARTHUR
‘Bodily Harm’ includes any hurt or injurt calculated to interfere with the health and comfort of the victim. It need not be permanent but must be more an transitory or triffling.
When discussing recklessness
R V CAMERON
Deems recklessness is established by what?
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result, and / or,
(ii) that the proscribed circumstances exsisted, and
(b) having regard to the risk, those actions were unreasonable
What case law would you refer to when discussing recklessness?
R V TIPPLE
and
R V CAMERON
