All Case Law

Question 1

R v Wati

Wa ti do? To avoid arrest ?

Answer 1

Avoid arrest or facilitate flight

There must be evidence that a crime was committed or attempted by the person carrying out the assault or by the person whose arrest or escape they intended to prevent or facilitate.

Question 2

R v Skivington

The robber stole Skivi, or was it his?

Answer 2

Claim of right as defence to robbery

Robbery includes theft, and an honest belief in a claim of right is a defense to theft. If theft is removed, robbery cannot exist, so claim of right is also a defense to robbery.

Question 3

R v Mahi

The is a connection or nexus between mahi - and work

Answer 3

Connection or link stealing and violence

There must be a connection or link between stealing and the threat of violence, but they don’t need to be contemporaneous.

Question 4

R v Crosson

*Take away and detain CROSS over but… *

Answer 4

Taking away v detaining

Taking away and detaining are separate and distinct offense’s. Taking away is complete when the victim is taken against their will. Detaining them afterward is a new and different offence.

Question 5

R v Mohi

MOment HI takes victim away - and that’s intent

Answer 5

Intent - kidnapping and abduction.

The offense is complete once a person is detained or taken away with intent, even if the intent is not carried out.

Question 6

R v Collister

Answer 6

Intent can be inferred by:
- Actions and words before, during and after the event.
- Surrounding circumstances.
- Nature of the act.

Question 7

R v Taisalika

It’s more than just a lik, it’s a gash

Answer 7

The nature of the blow and the gash produced point strongly towards the necessary intent.

Question 8

Cameron v R

damn Cameron that was Reckless..

Answer 8

Recklessness is established if
- the defendant recognised that there was a real possibility that (subjective)
- his actions would bring about the prescribed result AND
- regarding that risk, his actions were reckless. (Objective)

Question 9

DPP v Smith

no more or no less

Answer 9

Bodily harm needs no explanation, grievous means no more or no less than really serious.

Question 10

R v Donovan

What have you don with the ovan, it’s burnt me causing bodily harm!

Answer 10

Bodily harm includes hurt or injury interfering with the health and comfort of the victim

Question 12

R v Waters

Answer 12

Wounds involve the breaking of the skin, and the flowing of blood, either externally or internally.

Question 13

R v Rapana and Murray

now and forever

Answer 13

Disfigure covers permanent and temporary damage.