Must knows

Question 1

Police v barwell

Answer 1

A person who enters retail premises whilst those premises are open to the public intending to commit a crime in the building does not do so without authority in terms of s231 CA 1961.

Question 2

R v Collins

Answer 2

There cannot be a conviction for entering a premises as a trespasser unless the person entering does so knowing he is a trespasser and deliberately enters or is reckless whether or not he is entering the premise of another without the other party’s consent.

Question 3

R v Steele

Answer 3

‘To use’ may be limited to the offender revealing by words or conduct of the actual possession of or immediate availability of an item so long as the accused have the weapon in their physical possession and readily available.

Question 4

R v Kelt

Answer 4

Having a firearm “with him” requires a very close physical link and a degree of immediate control over the weapon by the man alleged to have the firearm with him.

Question 5

Police v Pitman

Answer 5

The word weapon carries the meaning of something used to inflict bodily injury and also any other item which the accused intended to use to inflict harm should the need arise. Bodily injury need not to be limited to direct physical injury and can include bodily harm arising from shock produced by the weapon.