CIB 010 - Case Law Flashcards
Learn all case law (26 cards)
R V TAISALIKA
Intent
The nature of the blow and the gash which it produced, point strongly to the presence of necessary intent.
DPP V SMITH
Grievous Bodily Harm
'’Bodily Harm’’, needs no explanation, and ‘‘Grievous’’, means no more and no less than ‘‘Really Serious’’.
R V WATERS
Wounds
A wound, is the breaking of the skin and the flowing of blood.
R V RAPANA AND MURRAY
Disfigures
The word ‘‘Disfigures’’, 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. It need not be permanent, but more than transitory and trifling.
CAMERON V R
Recklessness
Recklessness is established if:
1) The Defendant recognised that:
A) His or Her action would bring about the proscribed result
AND/OR
B) That the proscribed circumstances existed, AND
2) Having regard to that risk those actions were unreasonable.
R V TIHI
Aggravated Wounding
'’It must be shown that the offender either meant to cause the specific harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it’’.
R V WATI
Aggravated Wounding
There must be proof of the 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 PEKEPO
Intent (Discharge of a Firearm)
A reckless discharge of a firearm in the general direction of a passer-by who it happens to 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 use of that firearm within the meaning of S198A 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
An honest belief that a man has a claim of right is a defence.
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 mental element, knowledge of the possession and an intention of the possession. The physical element, actual physical custody or control.
R V MAIHI
There must be a connection or link between the act of stealing and the threat of violence.
PENEHA V POLICE
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 JOYCE
'’The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred’’.
R V GALEY
'’Being Together’’ in the context of 235(B) ‘‘two or more persons having a common intention to use their combined force’’.
R V WELLARD
The essence of the offence of kidnapping is the ‘‘deprivation of liberty coupled with a carrying away from the place where the victim wants to be’’.
R V CROSSAN
Taking away and detaining are separate and distinct offences.
Includes a powerlessness of will and making them incapable of resistance.
R V PRYCE
Detaining is an active concept, meaning to keep in confinement or custody.
R V COX (Consent)
Consent must be full, voluntary, free and informed, and given by a person in a position to form a rational judgement.
MOHI
The offence is complete once there has been a period of detention or a taking accompanied by necessary intent, regardless of whether the intent was carried out.
R V WAAKA
Intent may be formed at any time during the taking away. If a taking away commences without the intent to have intercourse, but that intent is formed during the taking away, then that is sufficient for the purpose of the section.
