Case law Flashcards
Attempt
R v Harpur
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops… The defendants conduct may be considered in its entirely. Considering how much remains to be done,l.is always relevant , through not determined,,”
Kidnapping and abduction
R v Mohi
The offence is committed at the time of taking away, so long as, at the moment, necessary intent. It never has been regarded as necessary that the crown should show the intent was carried out
Kidnapping and abduction
R v Pryce
The detain has active concept meaning to keep in confinement or custody. This is to be contrasted to the passive concept of harbouring or mere failure to hand over.
Ingredient ps of kidnapping
Unlawfully Takes or Detains A person Without his or here consent Or With his or her consent obtained by fraud Or With his or her consent obtained by duress
With intent to
Hold him or her for ransom or service
To cause him or her to imprisoned or confined
To cause him or her to sent or take out of nz
Abduction ingredient
Unlawfully
Takes
Or
Detains
A person
Without his or her consent Or With his other consent obtained by fraud Or With his or her consent obtained by duress
With intent to
Marry him or her Or Have sexual connection with him or her Or To cause him or her to be married or have sexual connection with some other person
Sexual violation by rape
A) Penetration what section?
B) the matters do not constitute consent
C) R v Koroheke
D) reasonable ground objective test
E) R v gutuama
2(1a) crimes act
B)
128A
Not protesting or physically resisting to use if force
Application of force to self of other. Threats of force to self or others, or fear of force to self or others
Mistaken as to nature and quality of the act
C) generalised comprise the reproduction organs, interior and exterior includes labia and vulva both interior and exterior, at the opening of vagina
D) if the offender believed the complainant was consenting was that belief reasonable? What would a reasonable person believe if place in the same situation as the offender
E) the crown must prove that no reasonable in the accused,s shoes could have thought that the complainant was consenting
Bodily injury
R v Donnovan
Includes any injury or hurt calculated to interfere with the health or comfort of the victim, it need not be permanent but must be more than merely transition of trifling
Stupifies case law
R v sturm
To cause an effect to the mind or nervous system of a person which really seriously interferes with their mental and physical ability to act in any way which might hinder an intended crime.
Drug
Saxon v police
To introduced from abroad or caused to be brought from a foreign country
Drug
R v during
An intimation by the person charged to another that he is ready on request to supply to that other, drugs of a kind prohibited by this statue
Firearm
R v kelt
Having a firearm with him requires a very close physical link and a degree of immediate control over the weapon by the man alleged to have the firearm with him
Firearm
Tuli v police
Prima facie circumstances are those which are sufficient to show or establish an intent in the absence of evidence to the contrary
