New Caselaw Flashcards
Somerset and brookbanks
Knowing or correctly believing
R V M
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
R V Waaka
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
R V Mohi
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
R V Cox
Consent must be full voluntary free and informed freely and voluntarily given by a person in a position to form a rational judgement
R V Pryce
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
R V Crossan
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
R V Wellard
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
R V Galey
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
R V Joyce
The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred
DPP V SMITH
Bodily harm needs no explanation and grievous means no more and no less than really serious
Peneha V Police
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
R V Maihi
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
R V Cox - possession
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
R V Lapier
Robbery is complete the incident the property is taken, even if possession by the thief is only momentary