Violence, Sex And Arson Case Law

Question 1

Genitalia case law

Answer 1

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

Question 2

Possession case law

Answer 2

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

Question 3

Define R v Peat

Answer 3

In theft, the immediate return of the goods does not purge the offence

Question 4

Indecency case law

Answer 4

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

Question 5

Accompanied by violence or threats of violence case law

Answer 5

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.

Question 6

Define R v Forest & Forrest

Answer 6

Age: The best evidence possible in the circumstances should be adducced by the prosecution in proof of the Victims age

Question 7

Indecent assault is defined in what case law

Answer 7

R v Lesson: assault accompanied by circumstances of indecency

Question 8

R v Norris

Answer 8

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

Question 9

Intent to GBH for Wounding w/ intent case law

Answer 9

R v Taisalika: Nature of the blow and gash produced point strongly to the presence of intent

Question 10

R v Collister

Answer 10

Intent factors:
- offenders actions and words before, during and after the event
- surrounding circumstances
- nature of the act itself

Question 11

DPP vs Smith

Answer 11

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

Question 12

R v Waters

Answer 12

Wounds: breaking of skin evidenced by the flow of blood. Internal or external.

Question 13

R v Rapana and Murray

Answer 13

Disfigure: includes temporary damage

Question 14

Bodily harm case law

Answer 14

R v McArthur: hurt or injury that interferes with the health and comfort of the Victim. Not permanent but more than transitory or trifling

Question 15

Cameron v R

Answer 15

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

Question 16

Define R v Tipple

Answer 16

Recklessness: required the offender know or have conscious appreciation of the relevant risk, and make a deliberate decision to run the risk.

Question 17

Key agg wounding case law

Answer 17

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

Question 18

Take a breath

Answer 18

You’re doing awesome

Question 19

R v strum

Answer 19

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

Question 20

Incapable of resistance case law

Answer 20

R v Crossan

includes powerlessness of will as well as a physical incapacity

Taking away vs detaining also defined as separate and distinct offences

Question 21

Taking away case law

Answer 21

R v Wellard: deprivation of liberty coupled with a carrying away from the place where the Victim wants to be

Question 22

Detaining case law (kidnaps)

Answer 22

R v Pryce: active concept meaning keep in confinement or custody. More than mere harboring

Question 23

R v Mohi

Answer 23

Kidnap timing: offence committed at the time of taking away so long as the intent was present. The intent need not be carried out

Question 24

R v Chartrand

Answer 24

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

Question 25

R v Archer

Answer 25

Arson damage: permanent or temporary damage, and is impairment to its use or value

Question 26

R v Wilson

Answer 26

Tenancy in a property constitutes an interest in it

Question 27

Loss case law

Answer 27

R v Morley: Loss is assessed by the extent to which the complainants position prior too the offence is diminished or impaired

Question 28

Claim of right defence case law

Answer 28

R v Skivington: honest belief of a claim of right is a defence to theft and thus robbery

Question 29

Taking case law (theft)

Answer 29

R v Lapier: Robbery complete the instant the property is taken

Question 30

Consent case law

Answer 30

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