Case law Flashcards

1
Q

Attempt

R v Harpur

A

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,,”

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2
Q

Kidnapping and abduction

R v Mohi

A

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

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3
Q

Kidnapping and abduction

R v Pryce

A

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.

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4
Q

Ingredient ps of kidnapping

A
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

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5
Q

Abduction ingredient

A

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
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6
Q

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

A

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

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7
Q

Bodily injury

R v Donnovan

A

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

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8
Q

Stupifies case law

A

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.

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9
Q

Drug

Saxon v police

A

To introduced from abroad or caused to be brought from a foreign country

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10
Q

Drug

R v during

A

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

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11
Q

Firearm

R v kelt

A

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

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12
Q

Firearm

Tuli v police

A

Prima facie circumstances are those which are sufficient to show or establish an intent in the absence of evidence to the contrary

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