Case Law 2 Flashcards
(25 cards)
Cameron v R
Recklessness
Acting reckless involves the conscious & deliberate taking of an unjustified risk.
Recklessness is established if:
The defendant recognises that there was real possibility that:
His/her actions would bring about an unlawful result and/or
That unlawful circumstance existed, and
Having regard to that risk those actions were unreasonable.
R v Taisalika
Intent for serious assault.
The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.
DPP v SMITH
For GBH
Bodily harm needs no explanation and grievous means no more and no less than really serious.
R v Collister
Intent
Circumstantial evidence from which an offenders intent may be inferred can include:
1. Offenders actions & words before, during and after the event.
2. The surrounding circumstances.
3. The nature of the act itself.
R v Waters
Wounds
A wound is the breaking of the skin accompanied by the flow of blood. May be internal or external.
R v Rapana & Murray
Disfigures
Disfigures covers not only permanent damage but also temporary damage.
R v McArthur
Injures
Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim.
It needs to be not be permanent but must be more than transitory and trifling.
R v Tipple
Recklessness
Recklessness requires that the offender know of or have a conscious appreciation of the relevant risk, and it may be said it requires a deliberate decision to run the risk.
R v Wati
Aggravated wounding
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 Tihi
Aggravated wounding
In addition to one of the specific intents outlined. It must be shown that the offender meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.
R v Sturm
Stupefy
To stupefy means 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 any way which might hinder an intended crime.
R v Crossan
Incapable of resistance
Incapable of resistance includes the powerlessness of the will as well as the physical incapacity.
Taking away and detaining are separate and distinct offences.
R v Cox
Possession
Possession involves two elements. The first often called the physical element, actual or potential physical custody or control.
The second as the mental element, is the combination of knowledge and intention. Knowledge in the sense an awareness by the accused that the substance is his possession and an intention to exercise possession.
R v Lapier
Robbery complete
Robbery is complete the instant the property is taken, even if possession by the thief is momentary.
R v Skivington
Claim of right defence to robbery
Defence to theft (claim of right) is a defence to robbery.
R v Skivington
Claim of right defence to robbery
Defence to theft (claim of right) is a defence to robbery.
R v Peat
Robbery complete
The immediate return of goods by the robber does not excuse the offence.
R v Maihi
Robbery nexus
It is implicit in accompany that there must be a connection or link between the act of stealing and the threats of violence. Both must be present.
Peneha v Police
Violence robbery
It is sufficient that the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort.
R v Broughton
Threat of violence - Robbery
A threat of violence is the existence of an intention to inflict violence unless the money or property is handed over. The threat may be direct or veiled. It may be conveyed by words or conduct or a combination of both.
R v Joyce
Together with - Robbery
The Crown must establish that at least two persons were physically present at the time the robbery was committed or assault occurred.
R v Bentham
Armed with offensive weapon
What is possessed must under the definition be a thing. A persons hand or fingers are not a thing.
R v Archer
Damage to property
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
R v Sanders
Conspiracy
A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in operation and therefore in existence until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged.
