Case Laws Only

Question 1

Saxton v Police

Answer 1

Import my wax in - includes

To import includes to introduce from abroad or to cause to be brought in from a foreign country.

Question 2

R v Hancox

Answer 2

From ship to PO box

The element of importing exists from the times the goods arrive in New Zealand until they reach their immediate destination.

i.e when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.

Question 3

R v Strawbridge

Answer 3

Not necessary to establish bridge - knowledge

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 believed 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 4

Police v Emerali

Answer 4

Not enough Marley

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

Question 5

R v Rua

Answer 5

Rua produces pooa - produce or manufacture

The words “produce or Manufacture” in sec 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substance into a controlled drug.

Question 6

Black’s Law Dictionary - Drugs - Administer

Answer 6

In the context of drug dealing, the appropriate meaning of administer is to direct and cause a drug to be taken into the system of another person

Question 7

R v During

Answer 7

During an offer - intimation

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 8

R v Brown

Answer 8

Supply 4 clowns

Person offering to supply when he:
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 knowing that he will not supply that drug

Question 9

R v Forrest and Forrest

Answer 9

Evidence of age

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

Question 10

R v Cox (Posession)

Answer 10

Possession involves two elements. The first, often called the physical element, is actual or potential physical custody or control. The second, often described as the mental element is a combination of knowledge and intention: knowledge in the sense of an awareness of the accused that the substance is in his possession and an intention to exercise possession.

Question 11

R v Koroheke

Answer 11

Koro’s genitals

Genitalia comprise the reproduction organs, interior and exterior. They include the vulva and labia, both interior and exterior at the opening of the vagina.

Question 12

R v Cox (Consent)

Answer 12

Consent for cox

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

Question 13

R v Gutuama

Answer 13

Objective banana - objective test

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

Question 14

R v Court

Answer 14

Indecent to court-enay - right thinking people

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

Question 15

R v Leeson

Answer 15

Lesson indecent - defintion

The definition of indecent assault is an assault accompanied with circumstances of indecency

Question 16

R v Taisalika

Answer 16

Gash my finger

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 17

DPP v Smith

Answer 17

Define bodily harm to me

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

Question 18

R v Waters

Answer 18

Put water on the wound

A breaking in the continuity of the skin with a flow of blood and can be internal or external.

Question 19

R v Rapana and Murray

Answer 19

Permanent and Temporary

The word disfigure covers not only permanent damage but also temporary damage.

Question 20

R v Donovan

Answer 20

Bonovan bodily harm - define

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 or trifling.

Question 21

R v Harney

Answer 21

Reckless as carney

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 22

R v Tihi

Answer 22

Meant to hurt me - meant to cause specified harm

In addition to the specific intents 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 were likely to expose others to risk of suffering it.

Question 23

R v Wati

Answer 23

Prove it watties - proof of the crime

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 Sturm (Not necessary)

Answer 24

Not necessary to squirm

Under Sec 191 (1)(a), it is not necessary for the prosecution to prove the intended crime was actually subsequently committed.

Question 25

R v Sturm (Stupefy)

Answer 25

To cause an effect on the mind or nervous system of a person, which really seriously interferes with that person's mental or physical ability to act in a way which might hinder the performance of another person.

Question 26

R v Crossan (incapable)

Answer 26

Crossan is Incapable Incapable of resistance involves a powerlessness of the will as well as physical incapacity.

Question 27

R v Collins

Answer 27

Collins can't be convicted - as trespasser 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 28

Police v Pitman

Answer 28

Pit stop for shock - bodily injury resulting in shock The word weapon carries the meaning of "something used to inflict bodily injury", but also any other item which the accused "intended to use to inflict harm should the need arise"... Bodily injury need not be limited to direct physical injury and can include bodily harm arising as a result of shock produced by the weapon.

Question 29

R v Steele

Answer 29

Use a steel sword - 'to use' may be limited to 'To use' may be limited to the offender revealing by words or conduct the actual presence of or immediate control of the item so long as the accused have the weapon in their physical possession and readily available.

Question 30

R v Skivington

Answer 30

Lamington ingredients 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 negates one of the ingredients in the offence of robbery, without proof of which, the full offence is not made out.

Question 31

R v Lapier

Answer 31

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

Question 32

R v Maihi

Answer 32

Accompany - connection 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 33

Peneha v Police

Answer 33

Personal Freedom - actions of defendant 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 34

R v Broughton

Answer 34

Threaten John Houghton - manifestation 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 35

R v Joyce

Answer 35

Joycey and his mate - two persons Crown must establish that at least two persons were physically present at the time the robbery was committed or assault occurred.

Question 36

R v Galey

Answer 36

Together with Bailey - being together Being together in the context of Sec 235 (b) involves two or more persons having a common intention to use combined force either in any event or as circumstances might require, directly in the perpetration of the crime.

Question 37

Mulcahy v R

Answer 37

Conspiracy - agreement A conspiracy is the agreement of two or more people to do an unlawful act, or to do a lawful act by unlawful means.

Question 38

R v Sanders

Answer 38

Panda's conspiracy ended - by completion Conspiracy continues in its operation and existence until it is ended by completion of the offence or abandonment or in any other manner by which agreements are discharged.

Question 39

R v White

Answer 39

Black and White - ID Where you can prove that a suspect conspired with other parties (one or more people) whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown.

Question 40

R v Ring

Answer 40

Ring in the pocket Offender's intent was to steal money by putting his hand into the victim's pocket. The victims pocket was empty however, the defendant was convicted of attempted theft due to his intent.

Question 41

R v Harpur (Conduct)

Answer 41

Harper's conduct - defendant's conduct The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops.... the defendant's conduct may be considered in its entirety. Considering how much remains to be done is always relevant, though not determinative.

Question 42

Higgins v Police

Answer 42

Bernard Higgins' wrong cannabis The defendant believes he is cultivating cannabis but the plants are not cannabis, it is physically, not legally impossible to cultivate such prohibited plants. Can be convicted for attempting to cultivate cannabis.

Question 43

Jay v Police

Answer 43

Jay bought wrong cannabis A man bought hedge clippings believing they were cannabis, was convicted of attempts.

Question 44

R v Donnelly

Answer 44

Can't receive peace lily Where stolen property has been returned to its owner, another person can not be charged of receiving it (even though they know it had been stolen).

Question 45

R v Pene

Answer 45

Pene Party A party must intentionally help or encourage. It is insufficient if they were reckless as to whether the principal was assisted or encouraged

Question 46

R v Renata

Answer 46

Cant identify Trent Renata - sufficient to prove Where the principal offender can not be identified, it is sufficient to prove that each individual accused must have been either the principal or a party.

Question 47

R v Larkins

Answer 47

Farkin unnecesary While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance.

Question 48

Ashton v Police

Answer 48

Driving on asphalt - legal duty A person teaching another to drive has a legal duty to take reasonable precautions as he is deemed to be in charge of the vehicle.

Question 49

R v Russell

Answer 49

Use your muscle to save kids - party to murder The accused was convicted of "party to murder" as he failed to render assistance to his wife or children when his wife jumped in the swimming pool and drowned his two children. Accused became an aider and abettor through his lack of actions.

Question 50

R v Crooks

Answer 50

Crooked knowledge Knowledge means actual knowledge that the person assisted was a party to the relevant offence. Mere suspicion of their involvement of the offence is insufficient.

Question 51

R v Briggs

Answer 51

Briggs is blind Knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquires that would confirm the suspected truth.

Question 52

R v Mane

Answer 52

After David Bain To be considered an accessory, the acts done by the person must be after the completion of the offence.

Question 53

R v Wellard

Answer 53

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

Question 54

R v Pryce

Answer 54

Concept of pryce - detaining 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 55

R v Mohi

Answer 55

You've kidnapped me - when 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 56

R v Archer

Answer 56

Archer damaged my property - definition Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of it's value

Question 57

R v Harpur (Attempt)

Answer 57

Attempt to harpoon yer An attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate is his commission of the crime.

Question 58

R v Misic

Answer 58

Miscellaneous Document - A document is Essentially a document is a thing which provides evidence or information or serves as a record

Question 59

R v Morley (deception)

Answer 59

Intent to deceive Rory - Deception is practiced 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 60

R v Pekepo

Answer 60

Recklessly shot a pukeko 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 61

Police v Parker

Answer 61

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

Question 62

R v Kelt

Answer 62

Having a firearm in his pelt 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

Question 63

Tuli v Police

Answer 63

Julie's pretty facie- show or establish intent Prima facie circumstances are those which are sufficient to show or establish intent in the absence of evidence to the contrary.

Question 64

R v Betts and Ridley

Answer 64

Ridley wasn't abetting - not liable for one persons violence An offence where no violence is contemplated and the principal offender in carrying out the common aim uses violence, a secondary offender taking no physical part in it would not be held liable for the violence used

Question 65

R v Kennedy

Answer 65

Kennedy is guilty - guilty knowledge receiving The guilt knowledge that the thing has been stolen or dishonestly obtained must exist at the time of the receiving

Question 66

R v Lucinsky

Answer 66

Lucy received stolen Sky box - Propert received must be stolen The property received must be the property stolen or illegal obtained, or part thereof, and not some other item for which the illegally obtained property had been exchanged or which are the proceeds

Question 67

Police v Barwell

Answer 67

Entering the bar - has authority A person who enters retail premises whilst those premises are open to the public intending to commit a crime in the building does not do so without authority, in terms of s231, Crimes Act 1961.

Question 68

R v Magginis

Answer 68

Supply my Guinness 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 69

R v Crossan (abduction)

Answer 69

Crossan's distinct offences Taking away and detaining are seperate and distinct offences. The first consists of taking the victim away; the second of detaining them.

Question 70

R v Heard

Answer 70

Heards form of words The form of words used for a demand does not matter. Demand is a strong word, but...a demand does not have to be couched in abusive terms, so long as it is clear that it is a request for something.

Question 71

Simester and Brookbanks - knowing

Answer 71

Knowing means "knowing or correctly believing...the belief must be a correct one, if the belief is wrong a person cannot know something

Question 72

Hayes v R (pecuniary advantage)

Answer 72

Enhance my pay - pecuniary advantage A Pecuniary advantage is anything that enhances the accused's financial position. It is that enhancement which constitutes the element of advantage.

Question 73

Hayes v R (unsuccessful)

Answer 73

"An unsuccessful use of a document is as much use as a successful one. An unsuccessful use must not be equated conceptually with an attempted one. The concept of attempt relates to use not to the ultimate obtaining of a pecuniary advantage, which is not a necessary ingredient of the offence. Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use."

Question 74

Hayes v R (valuable consideration)

Answer 74

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 75

R v Morley (loss)

Answer 75

Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.