Case Law

Question 1

R v Taisalika

Answer 1

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

Question 2

DPP v Smith

Answer 2

Grievous means no more and no less than really serious
(Harm that is really serious)

Question 3

R v Waters

Answer 3

The breaking of the ski. Evidenced by a flow of blood either externally or internally

Question 4

R v Tihi

Answer 4

Two-fold test for intent
1. The defendant interned to facilitate the commission of an imprisonable offence AND

2. They intended to cause the specified harm or was reckless as to the risk

Question 5

R v Wati

Answer 5

Must be proof of the commission or attempted commission of a crime before flight

Question 6

R v Sturm

Answer 6

Cause an effect on the nervous system which interferes with a persons mental or physical ability (alcohol or drugs)

Question 7

Additional case law

Answer 7

R v Mwai - harmful consequences may arise be delayed (HIV infection)

R v Donaldson - psychiatric injury (unconscious SA, once learned had profound psy impact)

R v Scott & Lewis - internal wounds amount to a wound

R v Chan-Fook - bodily harm can include psychiatric injury (emotions don’t suffice)

Question 8

R v Rapana & Murray

Answer 8

Not only permanent damage but also temporary damage

Question 9

Cameron v R

Answer 9

Recklessness is established if:
a) the person defendant recognised that there was a real possibility that:

i) their actions would bring about a proscribed result AND/OR

ii) the proscribed circumstances exist AND

b) having regard to that risk those actions were unreasonable

Question 10

R v Tipple

Answer 10

The accused had a conscious appreciation of the relevant risk but continued anyway

Question 11

R v Donovan

Answer 11

Bodily harm includes any injury that interferes with the health or comfort of the victim. It doesn’t need to be permanent but must be more than ransitory and trifling