Violence, Sex And Arson Case Law Flashcards
Genitalia case law
R v Koroheke: The genitalia comprise the reproductive organs, interior and exterior… they include the vulva and labia, both interior and exterior, at the opening of the vagina
Possession case law
R v Cox : Physically element of actual or potential physical custody or control AND mental elements of knowledge that substance in their possession intention to exercise possession
Define R v Peat
In theft, the immediate return of the goods does not purge the offence
Indecency case law
R v Court: Conduct that right thinking people will consider an affront to the sexual modesty of the complainant
R v Dunn: must be judged in light of the time, place and circumstances. It must be something more than trifling, and be sufficient to warrant the sanction of the law
Accompanied by violence or threats of violence case law
R v Maihi: there must be a nexus (comenction) between the act of stealing and the threat of violence, but the do not need to be contemporaneous.
Define R v Forest & Forrest
Age: The best evidence possible in the circumstances should be adducced by the prosecution in proof of the Victims age
Indecent assault is defined in what case law
R v Lesson: assault accompanied by circumstances of indecency
R v Norris
Indecent assault defence: If a person charged with indecent assault can establish they honestly believed the complainant was consenting, they are entitled to acquittal even if the grounds for belief were unreasonable
Intent to GBH for Wounding w/ intent case law
R v Taisalika: Nature of the blow and gash produced point strongly to the presence of intent
R v Collister
Intent factors:
- offenders actions and words before, during and after the event
- surrounding circumstances
- nature of the act itself
DPP vs Smith
Grevious bodily harm: Bodily harm needs no explanation and grievous means no more and no less than really serious
R v Waters
Wounds: breaking of skin evidenced by the flow of blood. Internal or external.
R v Rapana and Murray
Disfigure: includes temporary damage
Bodily harm case law
R v McArthur: hurt or injury that interferes with the health and comfort of the Victim. Not permanent but more than transitory or trifling
Cameron v R
Recklessness: is established if
Defendant recognised real possibility their actions would bring about the proscribed result and/or the proscribed circumstances existed and having regard to that risk those actions were unreasonable
Define R v Tipple
Recklessness: required the offender know or have conscious appreciation of the relevant risk, and make a deliberate decision to run the risk.
Key agg wounding case law
R v Wati: must be proof of the commission or attempted comission of a crime by the offender or someone they intend to assist
R v Tihi: must be shown the offender meant to cause the specified harm or foresaw that their actions were likely to expose others to suffering it
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R v strum
Stupefy: Cause effect on the mind or nervous system which really seriously interferes with that person’s mental or physical ability to hinder the intended crime
Incapable of resistance case law
R v Crossan
includes powerlessness of will as well as a physical incapacity
Taking away vs detaining also defined as separate and distinct offences
Taking away case law
R v Wellard: deprivation of liberty coupled with a carrying away from the place where the Victim wants to be
Detaining case law (kidnaps)
R v Pryce: active concept meaning keep in confinement or custody. More than mere harboring
R v Mohi
Kidnap timing: offence committed at the time of taking away so long as the intent was present. The intent need not be carried out
R v Chartrand
innocent motive or only intended for a very short period in Abduction of a young person is beside the point. Need not prove permanent deprivation
R v Archer
Arson damage: permanent or temporary damage, and is impairment to its use or value
R v Wilson
Tenancy in a property constitutes an interest in it
Loss case law
R v Morley: Loss is assessed by the extent to which the complainants position prior too the offence is diminished or impaired
Claim of right defence case law
R v Skivington: honest belief of a claim of right is a defence to theft and thus robbery
Taking case law (theft)
R v Lapier: Robbery complete the instant the property is taken
Consent case law
R v Cox: Must be full, voluntary, free and informed… freely and voluntarily given by a person in a position to form a rational judgment
R v Gutuama: Crown must prove that no reasonable person in the accused shoes could have thought that the complaint was consenting
