Case Law Flashcards

1
Q

What was held in R v Tarei?

A

Withdrawal of any form of life support system is not “treatment” under s166 Crimes Act 1961. To withdraw life support does not cause death but removes the possibility of extending the person’s life through artificial means.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What was held in R v Kamipeli?

A

It does not have to be shown that the defendant was incapable of forming the mens rea, merely that, because of their drunken state, they did not have the proper state of mind to be guilty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What was held in R v Cox (consent)

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What was held in R v Mane?

A

For a person to be an accessory, the offence must be complete at the time of the criminal involvement. One cannot be convicted of being an accessory after the fact of murder when the actus reus of the alleged criminal conduct was wholly completed before the offence of homicide was completed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What was held in R v Tomars?

A

Formulates the issues in the following way:
1. Was the deceased threatened by, in fear of or deceived by the accused?
2. If they were, did such threats, fear or deception cause the deceased to do the act that caused their death?
3. Was the act a natural consequence of the actions of the accused, in the sense that reasonable and responsible people in the accused’s position at the time could reasonably have foreseen the consequences?
4. Did these foreseeable actions of the victim contribute in a [significant] way to his death?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What was held in R v Forrest and Forrest

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What was held in R v Ranger?

A

If the accused did really think that the lives of herself and her son were in peril because of the deceased, enraged after the struggle, might attempt to shoot them with a rifle near at hand, then it would be going too far, we think, to say that the jury could not entertain a reasonable doubt as to whether a pre-emptive strike with a knife would be reasonable force in all the circumstances.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What was held in R v Horry?

A

Death should be provable by such circumstances as render it morally certain and leave no ground for reasonable doubt – that the circumstantial evidence should be so cogent and compelling as to convince a jury that upon no rational hypothesis other than murder can the facts be accounted for.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What was held in R v Cottle? (Burden of proof of insanity)

A

As to degree of proof, it is sufficient if the plea is established to the satisfaction of the jury on a preponderance of probabilities without necessarily excluding all reasonable doubt.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What was held in R v Lipman?

A

Where automatism is brought about by a voluntary intake of alcohol or drugs the Court may be reluctant to accept that the actions were involuntary or that the offender lacked intention.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What was held in R v Blaue?

A

Those who use violence must take their victims as they find them.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What was held in R v Clancy?

A

“The best evidence as to the date and place of a child’s birth will normally be provided by a person attending at the birth or the child’s mother … Production of the birth certificate, if available, may have added to the evidence but was not essential.”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What was held in Police v Lavelle?

A

It is permissible for undercover officers to merely provide the opportunity for someone who is ready and willing to offend, as long as the officers did not initiate the person’s interest or willingness to so offend.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

R v Piri

A

Recklessness here involves a conscious, deliberate risk taking. The degree of risk of death foreseen by the accused under either s167(b) or (d) must be more than negligible or remote. The accused must recognise a real or substantial risk that death would be caused.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly