Multichoice Flashcards
R v MISIC
“Essentially a document is a thing which provides evidence or information or serves as a record..”
Section 162 - Death within a year and a day
The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of death took place.
Title
Table in relation to title
Proof of Absence of Consent
Did not believe on reasoanble grounds that the victim was consenting
Section 195A - Definition of member of household
(a) a person is to be regarded as a member of a particular household, even if he or she does not live in that household, if that person is so closely connected with the household that it is reasonable, in the circumstances, to regard him or her as a member of the household:
(b) where the victim lives in different households at different times, the same household refers to the household in which the victim was living at the time of the act or omission giving rise to the risk of death, grievous bodily harm, or sexual assault.
R v CROOKS and BRIGGS - Knowledge
R v CROOKS knowledge means actual knowledge, in a sense of having no real doubt that the person assisted was party to the relevant offence.
R v BRIGGS - Wilful Blindness
Trespass Surveillance - Section 45
7 Years, Arms Act and Psychoactive Substance offences
Section 268 - Attempted Arson
Every one is liable to imprisonment for a term not exceeding 10 years who attempts to commit arson in respect of any immovable property or any vehicle, ship, or aircraft.
Conspiracy Scenario
Someone Pulls out - Offences is complete once the agreement is made with the intention of committing unlawful act
Section 17 - S and S Act
A constable may, without a warrant, enter and search a vehicle that is in a public place if he or she has reasonable grounds to believe that evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle.
Aggravated Burglary - Sceneario
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R v MORLEY
“The loss alleged by the victim must have been induced by, or caused in reliance, upon the deception. But the deception need not be the only operative factor, so long as it played a material part in occasioning the loss.”
When can a warrant be issued under Section 40
DC Judge or IO (if no judge available), on application in writing verified in accordance with section 99 of that Act, where there are reasonable grounds for believing that the child or young person is—
(a)suffering, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm; or
(b)so seriously disturbed as to be likely—
(i)to act in a manner harmful to the child or young person or any other person; or
(ii)to cause serious damage to property,—
issue a warrant authorising any constable or a social worker, either by name or generally, to search for the child or young person.
What is the culpability of a person in suicide pact when one dies and one survives
180(2) Where 2 or more persons enter into a suicide pact, and in pursuance of it 1 or more of them kills himself or herself, any survivor is guilty of being a party to a death under a suicide pact contrary to this subsection and is liable to imprisonment for a term not exceeding 5 years; but he or she shall not be convicted of an offence against section 179.
What is person charged with in relation to a Class A analogue
Class C Controlled Drug
