Case Laws Only Flashcards
Saxton v Police
Import my wax in - includes
To import includes to introduce from abroad or to cause to be brought in from a foreign country.
R v Hancox
From ship to PO box
The element of importing exists from the times the goods arrive in New Zealand until they reach their immediate destination.
i.e when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.
R v Strawbridge
Not necessary to establish bridge - knowledge
It is not necessary for the crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary, knowledge on her part will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.
Police v Emerali
Not enough Marley
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
R v Rua
Rua produces pooa - produce or manufacture
The words “produce or Manufacture” in sec 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substance into a controlled drug.
Black’s Law Dictionary - Drugs - Administer
In the context of drug dealing, the appropriate meaning of administer is to direct and cause a drug to be taken into the system of another person
R v During
During an offer - intimation
An offer is an intimation by the person charged to another that he is ready on request to supply to that other, drugs of a kind prohibited by the statute.
R v Brown
Supply 4 clowns
Person offering to supply when he:
Offers to supply a drug that he has on hand
Offers to supply a drug that will be procured at some future date
Offers to supply a drug that he mistakenly believes he can supply
Offers to supply a drug knowing that he will not supply that drug
R v Forrest and Forrest
Evidence of age
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.
R v Cox (Posession)
Possession involves two elements. The first, often called the physical element, is actual or potential physical custody or control. The second, often described as the mental element is a combination of knowledge and intention: knowledge in the sense of an awareness of the accused that the substance is in his possession and an intention to exercise possession.
R v Koroheke
Koro’s genitals
Genitalia comprise the reproduction organs, interior and exterior. They include the vulva and labia, both interior and exterior at the opening of the vagina.
R v Cox (Consent)
Consent for 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 Gutuama
Objective banana - objective test
Under the objective test, the crown must prove that no reasonable person in the accused’s shoes could have thought the complainant was consenting.
R v Court
Indecent to court-enay - right thinking people
Indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant.
R v Leeson
Lesson indecent - defintion
The definition of indecent assault is an assault accompanied with circumstances of indecency
R v Taisalika
Gash my finger
The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.
DPP v Smith
Define bodily harm to me
Bodily harm needs no explanation and grievous means no more and no less than really serious.
R v Waters
Put water on the wound
A breaking in the continuity of the skin with a flow of blood and can be internal or external.
R v Rapana and Murray
Permanent and Temporary
The word disfigure covers not only permanent damage but also temporary damage.
R v Donovan
Bonovan bodily harm - define
Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent, but must, no doubt be more than merely transitory or trifling.
R v Harney
Reckless as carney
Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.
R v Tihi
Meant to hurt me - meant to cause specified harm
In addition to the specific intents outlined in paragraphs (a), (b) or (c), it must be shown that the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to risk of suffering it.
R v Wati
Prove it watties - proof of the crime
There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate.
R v Sturm (Not necessary)
Not necessary to squirm
Under Sec 191 (1)(a), it is not necessary for the prosecution to prove the intended crime was actually subsequently committed.
R v Sturm (Stupefy)
To cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in a way which might hinder the performance of another person.
R v Crossan (incapable)
Crossan is Incapable
Incapable of resistance involves a powerlessness of the will as well as physical incapacity.
R v Collins
Collins can’t be convicted - as trespasser
There cannot be a conviction for entering a premises ‘as a trespasser’ unless the person entering does so knowing he is a trespasser and deliberately enters or is reckless whether or not he is entering the premises of another without the other party’s consent.
Police v Pitman
Pit stop for shock - bodily injury resulting in shock
The word weapon carries the meaning of “something used to inflict bodily injury”, but also any other item which the accused “intended to use to inflict harm should the need arise”… Bodily injury need not be limited to direct physical injury and can include bodily harm arising as a result of shock produced by the weapon.
R v Steele
Use a steel sword - ‘to use’ may be limited to
‘To use’ may be limited to the offender revealing by words or conduct the actual presence of or immediate control of the item so long as the accused have the weapon in their physical possession and readily available.
R v Skivington
Lamington ingredients
Larceny (or theft) is an ingredient of Robbery,and if the honest belief that a man has a claim of right is a defence to larceny, then it negates one of the ingredients in the offence of robbery, without proof of which, the full offence is not made out.
