Case Law Flashcards
Consent
R v Cox- Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person in a position to form rational judgement.
Intent
R v Collister-Circumstantial evidence from which an offenders intent may be inferred. Can include then offenders action and words, before, during and after the event, the nature of the act itself.
Proving Age
R V Forest and Forest- The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
Genitalia
R V Koroheke- The genitalia comprise the reproduction organs, interior and exterior, they include the vulva and the labia, both interior and exterior, at the opening of the vagina.
Indecency
R v Court- indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant.
R v Dunn- indecency must be judged in light of the time, place and circumstances. Must be something that warrants the sanction of law.
Indecent Assault
R V Leeson- assault accompanied with circumstances of indecency.
Indecent Assault- Defence
R V Norris- it is a defence for the defendant to have honestly believed the complainant was consenting, even if the grounds of his belief are unreasonable.
Intent (serious harm)
R V Taisalika- The nature of the blow and the gash which it produced, point strongly to the presence of the necessary intent.
Wound
R V Waters- The breaking of the skin, evidenced by the flow of blood, may be internal or external.
Disfigures
R V Rapana and Murray- Disfigures covers not only permanent but temporary damage.
GBH
DPP V Smith- Bodily harm needs no explanation and grievous means no more or no less than really serious.
Bodily Harm
R v Donovan- includes any hurt or injury calculated to interfere with the comfort of the Victim, it need not be permanent but must be more than transistory or trifling.
Recklessness
R V Tipple- Requires that the offender know of, or have a conscious appreciation of the relevant risk. A deliberate decision to run the risk.
Cameron v R- is established the defendant recognised there was a real possibility that their actions would bring about the prescribed result, and having regard to the risk the actions were unreasonable.
Aggravated Wounding
R V Tihi-In addition to the intents outlined, it must be known the offender meant to cause the harm or foresaw that there actions expose others to the risk of suffering it.
R V Waiti- There must be proof of the commission or the attempted commission of a crime.
Stupefy
R V Sturm- means to cause an effect on the mind or nervous system of a person which seriously effects their mental or physical ability.
Incapable of Resistance
R V Crossan- includes a powerlessness of the will as physical incapacity. Taking away and detaining are seperate and distinct offences.
Kidnapping (Takes away)
R V Wellard- deprivation of liberty coupled with the carrying away from the place where the victim wants to be.
Kidnapping( detains)
R V Pryce- detain is an active concept meaning to keep in confinement or custody, this is to be contrasted to the passive concept of harboring or mere failure to hand over.
Kidnapping/Abduction(Offence complete)
R V Mohi- The offence is committed at the time of taking away as long as there is at that moment the necessary intent.
Abduction(Young person)
R V Chartrand- whether the defendant had an innocent motive , or Intended to interfere with possession for a short period of time is beside the point.
Possession
R V Cox- 2 elements- the actual or potential physical custody and the mental element, knowledge and intention to posses.
Guilty Knowledge
AP Simester and WJ Brookbanks- knowing or correctly believing, the defendant may know something wrongly but cannot know something that is false.
Service
R V Cara- service is limited to financial or economic value, and excludes privileges or benefits.
Robbery (complete)
R V Lanier- Robbery is complete the instant the property is taken,even if possession by the thief is only momentarily.
Rv Peat- the immediate return of the property does not purge the offence .
Robbery(Defence)
R V Skivington- defence to claim of right is a defence to robbery.
