Case Law

Question 1

R v Cox (Consent)

Answer 1

Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment”

Question 2

Forrest v Forrest

Answer 2

(Proving Age)

The best evidence possible in circumstances should be adduced by the prosecution in proof of the victims age

Question 3

R v Collister

Answer 3

(Intent)
Circumstantial evidence from which an offenders intent may be inferred can include:

The offenders actions and words before, during and after the event

The surround circumstances

The nature of the offence itself

Question 4

DPP v Smith

Answer 4

(GBH)

Bodily harm needs no explanation and grevious means no more and no less than really serious

Question 5

R v Tipple

Answer 5

(Recklessness)
Recklessness requires that the offender know of, or have conscious appreciation of the relevant risk and it may be said it requires a deliberate decision to run the risk.

Question 6

R v Wellard

Answer 6

(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.

Question 7

R v Crossan

Answer 7

(Take away / detain)

Taking away and detaining are “seperate and distinct offences”

Question 8

R v Pryce

Answer 8

(Detains)

Detaining is an active concept meaning to keep in confinement or custody.

Question 9

R v Mohi

Answer 9

(Kidnapping / Abduction offence complete)

The offence is committed at the time of taking away so as there is at that moment the necessary intent.

Question 10

R v Cox (Possession)

Answer 10

Possession involves two elements

Physical is actual or potential physical custody

Mental is knowledge and intention

Question 11

R v Lapier

Answer 11

(Robbery Complete)

Robbery is complete the instant property is taken even if possession is momentary.

Question 12

R v Skivington

Answer 12

(Robbery defence)

Claim of right is a defence to theft

Question 13

R v Peat

Answer 13

(Robbery Complete)

Immediate return of goods does not purge the offence

Question 14

R v Maihi

Answer 14

(Robbery Nexus)

Connection between the act of stealing and a threat of violence

Question 15

Peneha v Police

Answer 15

(Violence Robbery)

The actions of the Defendant forcibly interfere with personal freedom

Question 16

R v Broughton

Answer 16

(Threat of violence)

The threat may be direct or veiled. It may be conveyed by words or conduct or a combination of both.

Question 17

R v Pacholko

Answer 17

(Threat of violence)
It is the Conduct of the accused which has to be assesses rather than the strength of the nerves of the person threatened

Question 18

R v Wells

Answer 18

(Agg Rob GBH)
No requirement for harm to be inflicted on the victim of the Robbery. A Person seeking to prevent escape would be sufficient.

Question 19

R v Joyce

Answer 19

(Together with)

Crown must establish at least two perso were physically present at the time of the Robbery.

Question 20

R v Galey

Answer 20

(Together with)

Two or more persons having the intention to use their combined force.

Question 21

R v Bentham

Answer 21

(agg rob off weapon)

What is possessed must under definition be a thing. A person’s hand or fingers are not a thing.

Question 22

R v Archer

Answer 22

(Damage to property)

Property may be damaged if it suffers permanent or temporary physical harm.

Question 23

R v Wilson

Answer 23

(Interest in property)

Tenancy of a property constitutes an interest in it

Question 24

R v Strawbridge

Answer 24

(Guilty Knowledge)

Guilty knowledge is presumed in the absence of contrary evidence

Question 25

Police v Emerali

Answer 25

(Usable Quantity)

Possessing a narcotic does not extend to some minute and useless residue of the substance

Question 25

R v Rua

Answer 25

(Produce / Manufacture)

The offence is complete once the prohibited substance is created, whether or not it is in use able form

Question 26

R v Donald

Answer 26

(Supply)

Supply includes the distribution of jointly owned property between its co-owners

Question 27

R v Knox

Answer 27

(Intent to supply)
A Person who is in unlaful 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.

Question 28

R v Brown

Answer 28

(Offer 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