Case Laws

Question 1

R v Cox

Answer 1

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

Question 2

R v Gutuama

Answer 2

Under the objective test, the Crown must prove that “no reasonable person in the accused’s shoes could have thought that the complainant was consenting.”

Question 3

R v Mohan

Answer 3

Intent involves a decision to bring about in so far as it lies within the accused’s power, the commission of the offence.

Question 4

R v Waaka

Answer 4

A ‘fleeting or passing thought is not sufficient’; there must be a ‘firm intent or a firm purpose to effect an act’.

Question 5

R v Forrest and Forrest

Answer 5

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

Question 6

R v Court

Answer 6

Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of the complainant”.

Question 7

R v Leeson

Answer 7

The definition of “indecent assault” … is an assault accompanied with circumstances of indecency …

Question 8

R v Lapier

Answer 8

Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.

Question 9

R v Skivington

Answer 9

“Larceny [or theft] is an ingredient 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 ingredients in the offence of robbery, without proof of which the full offence is not made out.”

Question 10

R v Maihi

Answer 10

It is implicit in ‘accompany’ that there must be a nexus (connection or link) between the act of stealing … and a threat of violence. Both must be present. However, the term “does not require that the act of stealing and the threat of violence be contemporaneous …”

Question 11

Warner v Metropolitan Police Commissioner

Answer 11

The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:

• complete physical control over it
• knowledge of its existence, it’s situation and it’s qualities

Question 12

Peneha v Police

Answer 12

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.

Question 13

R v Broughton [1986] 1 NZLR 641

Answer 13

A threat of violence is “the manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct or veiled. It may be conveyed by words or conduct, or a combination of both.”

Question 14

DPP v Smith

Answer 14

“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.

Question 15

R v Pekepo

Answer 15

A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.

Question 16

R v Harney

Answer 16

“[Recklessness involves] foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.”

Question 17

Police v Parker

Answer 17

“Use in any manner whatever” is to contemplate a situation short of actually firing a weapon and to present a rifle too, I think, is equivalent to or means the same thing …

Question 18

R v Taisalika

Answer 18

The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.

Question 19

R v Waters

Answer 19

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 its 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.

Question 20

R v Donovan

Answer 20

‘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.

Question 21

R v Tihi

Answer 21

In addition to one of the specific intents outlined in paragraphs (a)(b)(c) “it must be shown the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to risk of suffering it”.

Question 22

R v Sturm

Answer 22

Under s191(1)(a) “it is not necessary for the prosecution to prove the intended crime was actually subsequently committed”.

Question 23

R v Wati

Answer 23

There 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.

Question 24

R v Crossan

Answer 24

“Incapable of resistance” includes a powerlessness of the will as well as a physical incapability.

Question 25

R v Galey

Answer 25

“Being together” in the context of s235(b) involves “two or more persons having the common intention to use their combined force, either on any event or as circumstances might require, directly in the perpetration of the crime.”

Question 26

R v Joyce

Answer 26

‘Being together’ requires two or more people acting (physically present together) in the commission of an offence.

Question 27

R v Chartrand

Answer 27

Without lawful justification, authority or excuse.

Question 28

R v Wellard

Answer 28

The essence of the offence of kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be”.

Question 29

R v Pryce

Answer 29

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 hand over.

Question 30

R v Mohi

Answer 30

The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent. It has never been regarded as necessary … that the Crown should show the intent was carried out.

Question 31

R v Archer

Answer 31

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.

Question 32

Hayes v R

Answer 32

A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.”

Question 33

Hayes v R

Answer 33

A valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth”.

Question 34

R v Misic

Answer 34

“Essentially a document is a thing which provides evidence or information or serves as a record.”

Question 35

R v Morley

Answer 35

An intention to deceive requires that the deception is practised in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.

Question 36

Hayes v R

Answer 36

An unsuccessful use of a document is as much use as a successful one. Because the use does not have to be successful if may be difficult to draw a clear line between use and attempted use.

Question 37

R v Laverty

Answer 37

It is necessary for the prosecution to prove that the person parting with the property was induced to do so by the false representation made.

Question 38

Fisher v Raven

Answer 38

(Credit): Refers to the obligation on the debtor to pay or repay in the time given to do so by the creditor. The obligation to pay must be legally enforceable.

Question 39

R v McKay

Answer 39

… credit had been obtained … but at that time the accused did not possess an intent to deceive.

Question 40

Saxton v Police

Answer 40

To import includes “to introduce from aboard or to cause to be brought in from a foreign country”.

Question 41

R v Hancox

Answer 41

The element of importing exists from the time the goods enter New Zealand until they reach their immediate destination … [ie] when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee”.

Question 42

R v Strawbridge

Answer 42

It is not necessary for the Crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge on her part will be presumed, but if there is some evidence that the accused honestly believes on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.

Question 43

Police v Emerali

Answer 43

“… the serious offence of … possessing a narcotic does not extend to some minute and useless residue of the substance”.

Question 44

R v Rua

Answer 44

The words “produce” and “manufacture” in s6(1)(b) broadly cover the creation of Controlled drugs by some form of process which changes the original substances into a particular controlled drug.

Question 45

R v Maginnis

Answer 45

Supply involves “more than the mere transfer of physical control … [it includes] enabling the recipient to apply the thing … to purposes for which he desires …”

Question 46

R v During

Answer 46

“[An offer is] 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 the statute”.

Question 47

R v Brown

Answer 47

Offering to supply:

• offers to supply a drug that he has on hand
• offers to supply a drug that will be procured at some future date
• offers to supply a drug that he mistakenly believes he can supply
• offers to supply a drug deceitfully, knowing he will not supply that drug

Question 48

Pritchard v Police

Answer 48

The word “includes” and the particular examples used it is clear that Parliament was not attempting to provide a comprehensive list of the items that might fall within the definition.
“In each case the aim of the legislation is the same, namely, to apply a particular criminal sanction for the intrusion into living accomodation.”

Question 49

R v Keen

Answer 49

The 3 questions formulated for ‘without authority’ by the Judge in R v Keen were:

(i) What is the authority asserted?
(ii) What is the extent of that authority?
(iii) Was it exceeded?

Question 50

R v Collins

Answer 50

There cannot be a conviction for entering a premises ‘as a trespasser’ unless the person entering does so knowing he is a trespasser and deliberately enters or is reckless whether or not he is entering the premises of another without the other party’s consent.

Question 51

Police v Pitman

Answer 51

The word “weapon” carries the meaning of something used to inflict bodily injury … also any other item which the accused intended to use to inflict harm should the need arise … Bodily injury need not be limited and can include bodily harm arising as a result of shock produced by the weapon.

Question 52

R v Steele

Answer 52

‘to use’ may be limited to the offender revealing by words or conduct the actual presence of or immediate availability of the item so long as the accused have the weapon in their physical possession and readily available.

Question 53

R v Koroheke

Answer 53

Genitalia comprise the reproducti e organs, interior and exterior; includes the vulva and labia, both interior and exterior, at the opening of the vagina.