Summative 2 Case Law Flashcards
Case law for Genitalia
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.
Case law for consent (1)
R V COX
Consent must be full, free and voluntary and made by a person who is able to form rational judgement.
Case law for consent (2)
R V GUTUAMA
“No reasonable person in the accused shoes could have thought that the complainant was consenting .”
Case law for proof of age
R V FORREST AND FORREST
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
Case law for indecency (1)
R V COURT
Indecency means “conduct that right thinking people will consider an affront to the sexual modesty of the complainant”.
Case law for indecency (2)
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.
Case law for indecent assault
R V LEESON
The definition of indecent assault, is assault accompanied with circumstances of indecency.
Case law for defence to indecent assault
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.
Case law for intent
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.
Case law for recklessness
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
Case law for taking away (1)
R V CROSSAN
Taking away and detaining are separate and distinct offences.
Case law for taking away (2)
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.
Case law for Detains
R V PRYCE
Detaining is an active concept meaning “To keep in confinement or custody”.
Case law for kidnapping complete / intent
R V MOHI
The offence is completed at the time of taking away, as long as there is, at that moment, the necessary intent.
Case law for Abduction (Young Person)
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”.
Case Law for Possession
R V COX (2)
Possession involves two elements.
- Actual physical possession, custody and control.
- Knowledge the substance / thing is in their possession, and an intention to possess it.
Case law for document
R V MISIC
“Essentially a document is a thing which provides evidence or information or serves as a record”.
Case law for Guilty Knowledge
AP SIMESTER AND WJ BROOKBANKS
Knowledge means knowing or correctly believing, the Defendant may believe something wrongly, but cannot know something to be false.
Applications for R V HAYES:
- Attempted use of a document
- Pecuniary advantage
- Valuable consideration
Case law for Pecuniary Advantage
R V HAYES
A pecuniary advantage is anything that enhances the accused financial position.
Case Law for Valuable Consideration
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.
Case law for service
R V CARA
Service is limited to financial or economic value, and excludes privilege or benefits.
Case Law for Uses a documents
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.
Case law for intention to deceive
R V MORLEY
An intention to deceive requires that the deception is practised in order to deceive the affected party.
Case law for debt
SIMESTER AND BROOKBANKS
The debt or liability must be legally enforceable. If there is no legal contract there is no offence.
Case law for thing capable of being used to derive a pecuniary advantage
SIMESTER AND BROOKBANKS
The thing must be tangible and must be capable of being used to derive a pecuniary advantage.
Case law for cause loss
MORLEY V R
The loss alleged by the victim must have been induced by or caused in resilience upon the deception.
Case law for failure to disclose
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.
Case Law for reluctant consent
R V HERBERT
True consent may be given reluctantly or hesitantly, and may be regretted afterwards.
