New Caselaw

Question 1

Somerset and brookbanks

Answer 1

Knowing or correctly believing

Question 2

R V M

Answer 2

The crown must prove that the accused intended to take away or detain the complainant

and that he or she knew the complainant was not consenting

Question 3

R V Waaka

Answer 3

Intent may be formed at any time during the taking away.

If a taking away commences without the intent to have intercourse, but the intent is formed during the taking away, then it is sufficient for that purpose of the section

Question 4

R V Mohi

Answer 4

The offences complete once there has been a period of detention or a taking accompanied by the necessary intent, regardless of whether the intent was carried out

Question 5

R V Cox

Answer 5

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

Question 6

R V Pryce

Answer 6

Detaining is an act of concept meaning to keep in confinement or custody.

This is to be contrasted to the passive concept of harbouring or mere failure to handover

Question 7

R V Crossan

Answer 7

Taking away entertaining a separate and distinct offences.

The first consists of taking the victim away, the second of detaining her.

The first offence was complete when the prisoner took the woman away against her will.

Then having taken her away he detain her against her will and his conduct entertaining her constituted a new and different offence

Question 8

R V Wellard

Answer 8

The essence of the offence of kidnapping is the deprivation of liberty coupled with a caring away from the place with the victim wants to be

Question 9

R V Galey

Answer 9

Being together was in the context of 235B involves two or more persons having a common intention to use their combined force, either in any event or as circumstances might require directly in the perpetration of the crime

Question 10

R V Joyce

Answer 10

The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred

Question 11

DPP V SMITH

Answer 11

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

Question 12

Peneha V Police

Answer 12

That is sufficient that the actions of the defendant forcibly interfere with the personal freedom or

amount forcible power or violent action or motive producing a very marked or powerful affect tending to cause bodily injury or discomfort

Question 13

R V Maihi

Answer 13

in accompanying there must be a nexus (connection or link) between the act of stealing and the 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 14

R V Cox - possession

Answer 14

Mental and physical element

Actual or potential physical custody or control

The mental element is a combination of knowledge and intention, knowledge and a sense of awareness by the accused that the substance is in his possession and an intention to exercise possession

Question 15

R V Lapier

Answer 15

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

Question 16

R V Skivington

Answer 16

Theft is an element of robbery, and if an honest belief of the man has a claim right as a defence for theft, then at negates one of the elements of the offence of robbery, without proof of which the full offence is not made out

Question 17

Fisher V R

Answer 17

That is necessary in order to Establishment 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 and cannot be established

Question 18

R V Swain

Answer 18

Handling Or manipulating the firearm in a manner that conveys an implied threat may suffice

To deliberately or purposely remove a sawn off shotgun from a bag after being confronted or called upon by police constable amounts to the use of a firearm was in the meaning of section 198A

Question 19

R V Pekepo

Answer 19

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

Question 20

R V Wati

Answer 20

There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person who’s a rest of flight he intends to avoid or facilitate

Question 21

R V Tihi

Answer 21

In addition to one of the specified intends outlined in paragraph AB or C it must be shown that the offender either meant to cause the specified harm or for saw that the actions undertaken by him were likely to expose others to the risk of suffering it

Question 22

Cameron V R

Answer 22

Recklessness as established if
– the defendant recognise that there was a real possibility that

His or her actions would bring about a prescribed result and
That the prescribed circumstances existed and

– having regard to that risk those actions were unreasonable

Question 23

R V Donovan

Answer 23

Bradley harm includes any hurtle and recalculated to interfere with the health of comfort of the victim

It need not be permanent but must no doubt be more than merely transitory or trifling

Question 24

R V Rapana and Murray

Answer 24

The word disfigures covers not only permanent damage but also temporary damage

Question 25

R V Waters

Answer 25

Breaking of the skin evidenced by flow of blood

Maybe internal or external

Question 26

R V Taisalika

Answer 26

The nature of the blow in the garage which are produced on the complainant’s head would point to strongly to the presence of the necessary intent