Case Laws Flashcards
R v Taisalika
The nature of the blow and the gash which it produced on the complainants head would point strongly to the necessary intent.
DPP v Smith
“Bodily Harm” needs no explanation and grievious means no more and no less that really serious.
R v Waters
A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will normally be evidenced by a flow of blood and in its occurrence at the site of a blow or impact, the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.
R v Rapana and Murray
The word ‘disfigure’ covers ‘ not only permanent damage but also temporary damage.
R v Donovan
‘Bodily Harm” includes any hurt or injury calculated to interfere with the health or comfort of the victim.
Cameron v R
Recklessness is established if:
A) the defendant recognised that there was a real possibility that
- his or her actions would bring about the prescribed result and or
- that the prescribed circumstances existed and
B) having regard to that risk those actions were unreasonable.
R v Tihi
In addition to one of 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 taken by him were likely to expose others to the risk.
R v Wati
There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person who’s arrest or flight he intends to avoid or facilitate.
R v Pekepo
A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.
R v Swain
To deliberately or purposely remove a sawn off shotgun from a bag after being confronted by or called upon by a police constable amounts to a use of that firearm within the meaning of section 198A Crimes Act 1961
Fisher v R
It is necessary in order to establish a charge under section 198A(2) for the Crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of Mens Rea of intending to resist lawful arrest or detention cannot be established.
R v Skivington
If there is an honest belief that a man has a claim of right is a defence to theft, then it negates one of the elements in the offence robbery, without proof of which the full offence is not made out.
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary,
R v Cox
Possession involves two elements, The first, the physical element, is actual potential physical custody or control. The second, the mental element is a combination of knowledge and intention, knowledge in the sense of an awareness by the accused that the substance is in his possession, and an intention to exercise possession.
R v Maihi
It is implicit in ‘accompany’ that there must be a nexus (connection or link) between the act of stealing and a threat of violence. Both must be present.
