CASELAW SM 1 Flashcards
R V MISIC
DOCUMENT DEFINITION:
a thing that provides evidence or information
HAYES v R
USES OR ATTEMPTS
An unsuccessful use of a document is as much use as a successful one.
R V MORLEY
Intention to deceive - requires the deception is practised in order to deceive effected party.
PURPOSEFUL INTENT IS NECESSARY
R V ARCHER
R V ARCHER
property may be damaged if it suffers permanent or temporary physical harm.
DEFINITION IS
burning or charring or melting, blistering of paint or significant paint damage
R v HARNEY
Recklessness is a conscious and deliberate taking of an unjustified risk
R v WILDBORE
PASSIVE CUSTODIAN
relinquishes custody to meet needs of another ( leaves in shed and let’s person access key). It is sufficient if there is a transfer of custody from one to another to meet that persons needs/desires.
R V DURING
An an offer is an intimation by a person charged to another that he is ready on request to supply
ACTUS REA
R v BROWN
The making of such an intimation with intention it should be understood as genuine offer
MENS REA
POLICE V EMERALI
The serious offence of possessing a narcotic does not include minute and useless residue.
THE AMOUNT MUST ME USEABLE AND MEASURABLE
FORREST V FORREST
Proof of victims age
R v Cox
Possession involves two elements:
- physical (actual possession or control)
- knowledge and intention (awareness its in his control and intention to exercise possession)
R V WELLARD
Taking away
R V PRYCE
Detaining
R V CROSSAN
States taking away and detaining are separate acts
R V MOHI
INTENT
the offence is committed at time of taking away. As long as necessary intent. No need to carry out offence.
