Summative 2 Case Law

Question 1

Case law for Genitalia

Answer 1

R V KOROHEKE

The Genitalia comprise of the reproductive organs, interior and exterior, they include the vulva and that labia, both interior and exterior at the opening of the vagina.

Question 2

Case law for consent (1)

Answer 2

R V COX

Consent must be full, free and voluntary and made by a person who is able to form rational judgement.

Question 3

Case law for consent (2)

Answer 3

R V GUTUAMA

“No reasonable person in the accused shoes could have thought that the complainant was consenting .”

Question 4

Case law for proof of age

Answer 4

R V FORREST AND FORREST

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

Question 5

Case law for indecency (1)

Answer 5

R V COURT

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

Question 6

Case law for indecency (2)

Answer 6

R V DUNN

Indecency must be judged in light of the time, place and circumstances. It must be something more that trifling and be sufficient to warrant the sanction of the law.

Question 7

Case law for indecent assault

Answer 7

R V LEESON

The definition of indecent assault, is assault accompanied with circumstances of indecency.

Question 8

Case law for defence to indecent assault

Answer 8

R V NORRIS

If a person who is charged with indecent assault is able to establish that they honestly believed that the complainant was consenting, they are entitled to be acquitted, even if the grounds of his belief were unreasonable.

Question 9

Case law for intent

Answer 9

R V COLLISTER

The offenders words or actions before, during or after the event, as well as the surrounding circumstances and the act itself show the offenders intent.

Question 10

Case law for recklessness

Answer 10

CAMERON V R

Recklessness is established if:

-The Defendant recognised that there was a real possibility that
1. His or her actions would bring about the proscribed result.
2. That the proscribed circumstances existed, and;

• Having regard to that risk those actions were unreasonable

Question 11

Case law for taking away (1)

Answer 11

R V CROSSAN

Taking away and detaining are separate and distinct offences.

Question 12

Case law for taking away (2)

Answer 12

R V WELLARD

The essence of the offence of kidnapping is the loss of liberty and taking the victim to a place they don’t want to be.

Question 13

Case law for Detains

Answer 13

R V PRYCE

Detaining is an active concept meaning “To keep in confinement or custody”.

Question 14

Case law for kidnapping complete / intent

Answer 14

R V MOHI

The offence is completed at the time of taking away, as long as there is, at that moment, the necessary intent.

Question 15

Case law for Abduction (Young Person)

Answer 15

R V CHARTRAND

“Whether the defendant had an innocent motive or intended to interfere with possession for a very short time is beside the point”.

Question 16

Case Law for Possession

Answer 16

R V COX (2)

Possession involves two elements.

1. Actual physical possession, custody and control.
2. Knowledge the substance / thing is in their possession, and an intention to possess it.

Question 17

Case law for document

Answer 17

R V MISIC

“Essentially a document is a thing which provides evidence or information or serves as a record”.

Question 18

Case law for Guilty Knowledge

Answer 18

AP SIMESTER AND WJ BROOKBANKS

Knowledge means knowing or correctly believing, the Defendant may believe something wrongly, but cannot know something to be false.

Question 19

Applications for R V HAYES:

Answer 19

• Attempted use of a document
• Pecuniary advantage
• Valuable consideration

Question 20

Case law for Pecuniary Advantage

Answer 20

R V HAYES

A pecuniary advantage is anything that enhances the accused financial position.

Question 21

Case Law for Valuable Consideration

Answer 21

R V HAYES

A valuable consideration is anything capable of being a valuable consideration, whether of being a monetary kind or any other kind. In short, money or moneys worth.

Question 22

Case law for service

Answer 22

R V CARA

Service is limited to financial or economic value, and excludes privilege or benefits.

Question 23

Case Law for Uses a documents

Answer 23

R V HAYES

An unsuccessful use of a document is as much use as a successful one”. It may be difficult to draw the line between use and attempted use.

Question 24

Case law for intention to deceive

Answer 24

R V MORLEY

An intention to deceive requires that the deception is practised in order to deceive the affected party.

Question 25

Case law for debt

Answer 25

SIMESTER AND BROOKBANKS

The debt or liability must be legally enforceable. If there is no legal contract there is no offence.

Question 26

Case law for thing capable of being used to derive a pecuniary advantage

Answer 26

SIMESTER AND BROOKBANKS

The thing must be tangible and must be capable of being used to derive a pecuniary advantage.

Question 27

Case law for cause loss

Answer 27

MORLEY V R

The loss alleged by the victim must have been induced by or caused in resilience upon the deception.

Question 28

Case law for failure to disclose

Answer 28

R V LOVE

a deliberate failure to disclose some material matter by a person who has a duty to disclose it will
come within the definition of deception.

Question 29

Case Law for reluctant consent

Answer 29

R V HERBERT

True consent may be given reluctantly or hesitantly, and may be regretted afterwards.