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DDP 2023 > Case Law > Flashcards

Case Law Flashcards

1
Q

Intent
Circumstantial evidence
Actions words before during after/surrounding circumstances/nature of act

A

R v Collister

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2
Q

Intent
Nature of blow or gash point strongly to presence of necessary intent

A

R v Taisalika

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3
Q

Recklessness
Def. Recognised there was real possibility that:
His actions would bring proscribed result
That proscribed circumstances existed
Having regard to risk action were unreasonable

A

Cameron v R

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4
Q

Recklessness
Defendant knows or has a conscious appreciation of risk and makes deliberate decision to run the risk

A

R v Tipple

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5
Q

Bodily Harm
Any hurt or injury that interferes with health or comfort. More that trifling or transitory

A

R v Donovan

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6
Q

Grievous means no more and no less than serious

A

DPP v Smith

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7
Q

Wound
Breaking of the skin evidence by flow of blood, internal or external

A

R v Waters

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8
Q

Disfigures
Deform/Deface/Mar/Alter the figure or appearance of a person

A

R v Rapana and Murray

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9
Q

Aggravated
Intention to Commit imprisonable offence
Intention to cause specified harm or foresaw their actions where likely to cause harm

A

R v Tihi

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10
Q

Aggravated
Must be proof of the attempt of commission of the crime by person committing assault.

A

R v Wati

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11
Q

191(1)(a)
Not necessary to prove intended crime was actually committed

A

R v Sturm

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12
Q

Stupefies
Effect mind and nervous system which seriously interferes with physical/mental ability

A

R v Sturm

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13
Q

Violent means
Incapable of resistance includes powerlessness of will as well as physical activity
(Gun held to head)

A

R v Crossan

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14
Q

Taking
Robbery complete instant property is taken even if only momentary

A

R v Lapier

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15
Q

Claim of right defence to robbery
If honest held belief of claim of right then negatives one element of robbery and full offence not made out

A

R v Skivington

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16
Q

Intent
Immediate return of goods by robber does not purge the offence. Intent existed at time of taking.

A

R v Peat

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17
Q

Possession
Two elements:
Physical element being actual physical custody or control
Mental element being combination of knowledge by accused that he had property and intention to exercise possession

A

R v Cox

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18
Q

Accompanied by violence
Connection and link between violence and theft

A

R V Maihi

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19
Q

Violence
Actions of defendant forcibly interfere with victims personal freedom- more than minimal

A

Peneha v Police

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20
Q

Threat
Manifestation of intention to inflict violence can be word or actions.
Surrounding circumstances provides context (age, physique, appearance,demeanour, words, manner

A

R v Broughton

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21
Q

Being together with any other persons
(Must establish two people present)

A

R v Joyce

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22
Q

Being together
Common intention to use combined force directly in the perpetration of crime

A

R v Galey

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23
Q

Offensive weapon
Must be a thing, hand or fingers not sufficient.

A

R v Bentham

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24
Q

Property Damage
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value

A

R v Archer

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25
Q

Danger to Life
Danger to life of some person other than the setter of the fire

A

R v Smith

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26
Q

Loss
Assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired

A

R v Morley

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27
Q

Conspiracy
Not just the intention of two or more, but in the agreement of two or more to do an unlawful act by unlawful means. The very plot is the act itself.

A

Mulcahy v R

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28
Q

Conspiracy
A conspiracy does not end with the making of the agreement. It remains in existence until completed or abandonment

A

R v Sanders

29
Q

Conspiracy
When you can prove that a person conspired with other parties whose ID’s are unknown, that suspect can still be convicted

A

R v White

30
Q

Conspiracy
It is sufficient if one act or omission forming necessary part of the offence happens in NZ

A

R v Sanders

31
Q

Attempts
In assessing conduct there must be a full evaluation in terms of time, place and circumstances, not just preparation and proximity

A

R v Harpur

32
Q

Legally impossible
When stolen property has been returned to the owner they are no longer deemed to be stolen and it is not an offence
Train station scenario

A

R v Donnelly

33
Q

Parties
Where a main offender cannot be identified it is sufficient to prove each individual must have been a principle or party

A

R v Renata

34
Q

Actual proof of assistance
It is unnecessary that the principle offender is aware that he is being assisted but there must be proof of actual assistance.

A

Larkins v Police

35
Q

Special relationship
A person is morally bound to take active steps to save his children, by not doing so he becomes a secondary offender

A

R v Russell

36
Q

Party to a secondary offence
An offence where no violence is contemplated and a principle offender uses violence the secondary offender taking no physical part in it would not be liable

A

R v Betts and Ridley

37
Q

Drug dealing
Not necessary for the Crown to establish knowledge on behalf of the accused. In absence of evidence to the contrary knowledge on their part will be presumed.

A

R v Strawbridge

38
Q

Drug Dealing
The serious offence of possessing a narcotic does not extend to some minute and useless amount.

A

Police v Emerali

39
Q

Drug Dealing
To import includes to introduce or bring in from abroad or cause to be brought from a foreign country.

A

Saxton v Police

40
Q

Drug dealing
Importation involves active conduct, it does not cease as the vessel enters NZ. The process exists from the time the goods enter NZ until they reach their immediate destination or cease to be under control of authorities.

A

R v Hancox

41
Q

Drug Dealing
The words ‘produce’ and ‘manufacture’ inns 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a controlled drug

A

R v Rua

42
Q

Drugs
An offer is an intimation by the person charged to another that he is ready on request to supply that other, drug prohibited by statute

A

R v During

43
Q

Drugs
The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence.

A

R v Brown

44
Q

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

A

R v Forrest and Forrest

45
Q

Drugs - Proof of possession
Possession involved two elements, physical (actual/potential) and mental (knowledge of possession and intention to exercise possession)

A

R v Cox

46
Q

Take away v detain
Seperate and distinct offences. First is complete when offender took woman again will. Second is holding her against her will.

A

R v Crossan

47
Q

Detaining
An active construct, to keep in confinement or custody, not the passive construct of harbouring.

A

R v Pryce

48
Q

Consent
Must be free, voluntary, free and informed and given by a person in a position to form rational judgement.

A

R v Cox

49
Q

Intent in abduction
Offence committed at the time of taking away so long as at that moment there is the necessary intent.

A

R v Mohi

50
Q

Kidnapping
Deprivation of liberty coupled with a carrying away from the place a victim wants to be

A

R v Wellard

51
Q

Sexual violation
Genitalia comprise the reproductive organs, interior and exterior, vulva, labia interior and exterior at the opening of the vagina

A

R v Koroheke

52
Q

Consent
To be effective consent must be real, genuine or true and conveyed by words, conduct or both

A

R v Cook

53
Q

Consent
Full, voluntary and free and informed, freely and voluntarily given by a person in a position to form a rational judgment

A

R v Cox

54
Q

Consent - objective test
Crown must prove no reasonable person in the accused shoes could have though the complainant was consenting

A

R v Gutuama

55
Q

Force, threat or fear of force
Distinguish between consent freely given and submission by a woman to what she may regard as unwanted but unavoidable.

A

R v Koroheke

56
Q

Conduct sufficiently proximate
Having regard to the conduct viewed cumulatively up to the point where the conduct stops, should be considered in its entirety

A

R v Harpur

57
Q

Child cannot consent
Even in exceptional and rare circumstances even where she indicates agreement to the act, no reasonable adult would have grounds for believing that a 10 or 11 year old girl has the experience or maturity to understand the nature and significant of the act

A

Cox V R

58
Q

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

A

R v Court

59
Q

Indecency must be judged in light of time, place and circumstances. It must be something more than trifling.

A

R v Dunn

60
Q

Indecent assault
Assault accompanied with circumstances of indecency.

A

R v Leeson

61
Q

Uses or attempts to use
An unsuccessful use of a document is as much use as a successful one. An unsuccessful use must not be equated with an attempted one.

A

Hayes v R

62
Q

Document
Essentially a document is a thing which provides evidence or information or serves as a record.

A

R v Misic

63
Q

Intention to deceive
Requires that the deception is practised in order to deceive the affected party. Purposeful intent is necessary.

A

R v Morley

64
Q

Pecuniary advantage
Anything which enhances the accused’s financial position.

A

Hayes v R

65
Q

Valuable consideration
Anything capable of belong valuable consideration, whether or monetary kind or any other kind, money or money’s worth.

A

Hayes v R

66
Q

Firearms
Whatever manner
Short of actually firing weapon

A

Police v Parker

67
Q

Intent to shoot victim
Must show intent under 198(1)(a)
Not sufficient for reckless

A

R v Pekapo

68
Q

Prima Facie - First appearance

A

Tuli v Police

DDP 2023 (6 decks)

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