Summative: Case Laws Flashcards
Mulachy v R
A conspiracy consists not merely of the intention of two or more people but in the agreement to do an unlawful act, or an unlawful act by u lawful means
R v Wilcox
Defendants act must be the commencement of the execution of the intended offence. Defendant must have begun to perpetrate the crime.
R v Harpur
In assessing the conduct there must be a full evaluation of time place and circumstance.
What remains to be done is relevant but not always determinative.
R v Betts and Ridley
Offence where no violence is contemplated, principle offender uses violence, secondary offender taking no physical part would not be held liable for the violence used.
R v Mane
To be considered an accessory the acts must be done after the offence.
R v Crooks
Knowledge means actual knowledge or belief on that the person assisted was a party to the relevant offence. Suspicion of an offence is insufficient.
R v Briggs
Knowledge may also be inferred from wilful blindness or a deliberate abstention from making enquires that would confirm the suspected truth.
DPP v Smith
Boldly harm needs no explanation and grievous means no more and no less than really serious harm
R v Joyce
Robbery
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
Robbery
Together with means having a common intention to use their combined forces in the perpetration of a crime
R v Maihi
Robbery
There must be a nexus between the the act of stealing and the threat of violence, but they do not need to be contemporaneous
R v Mitchell
Robbery
Previous threat playing on the mind of the victim
R v Broughton
Manifestation of an intention to inflict violence, can be directed or veiled, by words or conduct
Peneha v Police
Defendants actions forcibly interfere with personal freedom or amount to for libel action causing bodily injury or discomfort
R v Pacholko
Accused conduct is relevant, not the victims nerves
R v Lapier
Robbery is complete the instant the property is taken
R v Cox (robbery)
Possession requires two elements:
Physical: actual or potential physical control or custody
Mental: knowledge and intent.
R v Bentham
The thing that is possess must be a thing, finger guns not a thing
R v Skivington
Genuine claim of right is a defence to robbery
R v Peat
Immediate return of the goods does not purge the offence
R v Taisalika
The nature of the blow and the gash it produced point strongly to the presence of the necessary intent
R v Waters
A wound is the breaking of the skin evidenced by the flow of blood. Can be internal or external.
R v Rapana and Murray
The word disfigures covers not only permanent but also temporary damage
R v Donovan/MacArthur
Bodily harm included hurt or injury
To interfere with health or comfort of victim
Need not be permanent
Must be more than transitory or trifling
