Case Law

Question 1

R v Forrest and Forrest

Proving Age

Answer 1

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

Question 2

R v Taisalika

Intent (serious assaults)

Answer 2

The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent

Question 3

R v Collister

Intent

Answer 3

Actions or words before, during and after = surrounding circumstances and the nature of the act infer intent

Question 4

R v Galey

Answer 4

Bring together means two or more persons having the common intention to use their combined force

Question 5

R v Joyce

Answer 5

Must establish at least two people physically present at the time

Question 6

R v Waters

Answer 6

A break in the skin as evidenced by blood flow. However can be internal or external

Question 7

Rapana and Murray

Answer 7

Covers both permanent and temporary damage

Question 8

R v McArthur

Answer 8

Bodily harm means hurt or injury that interferes with the health or comfort

Question 9

Cameron V R

Answer 9

Recklessness is established it the defendant knew actions would bring result, circumstances existed and understood the risk was unreasonable
(Could foresee the consequences but ran the risk and did it anyway)

Question 10

R v Sturm

Answer 10

Not necessary to prove the intended crime was committed

Question 11

R v Tihi

Answer 11

Two fold test for prosecution to prove Defendant’s intent:

• intent to facilitate the commission of an imprisonable offence
• intent to cause the specified harm or recklessness

Question 12

R V Crossan

Answer 12

Incapable of resistance - powerless of the will as well as physical inability

Question 13

R v Taisalika (intent)

Answer 13

The nature of the blow and gash produced point strongly to necessary intent

Question 14

R v Strawbridge (Guilty Knowledge)

Answer 14

Reverse onus
Knowledge is proved if no evidence contrary accused to prove they acted innocently

Question 15

R v Harpur

Answer 15

Independent acts when viewed in isolation can be seen as preparatory however when viewed collectively, can be seen as attempts

Question 16

Police V Parker

Answer 16

Use in any manner whatever is to contemplate a situation short of actually firing the weapon and to present a rifle too. I think is equivalent to or means the same thing

Question 17

Simester and Brookbanks

Answer 17

Knowing or correctly believing the defendant may believe something wrongly but cannot know something that is false

Question 18

R v Wati

Answer 18

There must be proof of the commission or the attempt by

• person committing assault
• person or arrest or flight he intends to facilitate

Question 19

R V Tihi

Answer 19

Two fold test;
Prosecution to prove Defendant’s intent:
- intent to facilitate the COAIO
- intent to cause the specified harm or reckless

Question 20

R v Sturm

Answer 20

Not necessary to prove the intended crime was committed

Question 21

R v koroheke

Answer 21

Reproductive organs include internal/external including the vulva, labia and opening of vagina

Question 22

R V Gutuama (Reasonable)

Answer 22

No reasonable person would think there was consent

Question 23

R V Forrest v Forrest

Answer 23

Best possible evidence adduced from age