Case law Flashcards
R v Pryce
Detaining is an active concept meaning to keep in confinement or custody. This is to be contrasted to the passive concept of harbouring or mere failure to handover.
R v Waters
A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will be normally evidenced by a flow of blood and, in it’s occurrence at the site of a blow or impact, the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal
R v Crossan
Taking away entertaining as separate and distinct offenses. The first consists of taking the victim away, the second of detaining her. The first offense was complete when the prisoner took the woman away against her will. Then, having taken her away, he detained her against her will, and his conduct entertaining her constituted a new and different offense
R v Joyce
The crown must establish it at least two persons with physically present at the time the robbery was committed or the assault occurred
R v Waaka
Intent may be formed at any time during the taking away.
R v Tihi
In addition to one of the specific intent outlined in paragraphs a B or C, it must be shown that the offender either meant to cause the specified harm, or foresaw that the actions undertaken by him we are likely to expose others to the risk of suffering it
R v Taisalika
The nature of the blow and the gash which it produced on the complainants head would point strongly to the presence of the necessary intent
R v Rapana and Murray
The word disfigure covers not only permanent damage but also temporary damage
R v Wati
They must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate
R v Pekepo
A reckless discharge of a firearm in the general direction of a passerby who happens to be hit is not sufficient proof. An intention to shoot that person must be established
Fisher v R
That is necessary in order to establish a charge under section 198A(2) For the crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established
R v Swain
To deliberately or purposely remove a sawn-off shotgun from a bag after being confronted by or called upon by a police constable amounts to a use of that firearm within the meaning of S198A CA61
R v Maihi
There must be a Nexus [connection or link] between the act of stealing and a threat of violence. Both must be present.
Peneha v Police
It is sufficient that the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort
R v Galey
Being together in the context of section 235(b) involves two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime
R v M
The crown must prove that the accused intended to take away or detain the complainant and that he or she knew that the complainant was not consenting
Mohi
The offense is complete once there has been a period of the detention or a taking accompanied by the necessary intent, regardless of whether the intent was carried out
R v Skivington
Larceny or theft is an element of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the elements in the offense of robbery, without proof of which the full offense is not made out
R v Donovan
Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim it need not be permanent, but must, no doubt, be more than merely transitory and trifling
R v Harney
Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequence complained of could well happen, Together with an intention to continue the course of conduct regardless of risk
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary
DPP v Smith
Bodily harm needs no explanation and grievous means no more and no less then really serious
R v Cox
Position involves two elements. The first, the physical element, is a actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention
R v Wellard
The essence of the offense of kidnapping is the deprivation of liberty coupled with a carrying away from the place where the victim wants to be
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age
R v Cox- consent
Consent must be full, voluntary, free and informed… Freely and voluntarily given by a person in a position to form a rational judgment
