Case Law

Question 1

R v Taisalika

(Intent)

Answer 1

The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.

Question 2

DPP v Smith

Answer 2

‘Bodily harm’ needs no explanation and grievous means no more and no less then really serious.

Question 3

R v Rapana & Murray

(Disfigures)

Answer 3

Disfigures not only covers permanent damage but temporary damage as well.

Question 4

R v Waters

Answer 4

A wound is a breaking of the skin evidenced by the flow of blood, can be internal or external.

Question 5

R v DONOVAN

(Injures)

Answer 5

Any harm or injury calculated to interfere with the victims health or comfort. Doesn’t have to be permanent but must be more then trifling.

Question 6

CAMERON v R

Answer 6

Recklessness is established if
(a) the defendant recognised that there was a real possibility that
(i) his or her actions would bring about the proscribed result
(ii) the proscribed circumstances existed and
(b) having regard to that risk those actions were unreasonable.

Question 7

R v WATI

(Aggravated Wounding)

Answer 7

There must be proof of the commission or attempted commission by:
• the person committing the assault
• by the person whose arrest or flight he intends to facilitate.

Question 8

R v TIHI

(Aggravated Wounding)

Answer 8

In addition to one of the specific intents in paragraphs (a), (b) or (c):
• must show that the offender meant to cause the specified harm or
• was reckless to it

Question 9

R v PEKEPO

Answer 9

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.

Question 10

R v SWAIN

Answer 10

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.

Question 11

FISHER v R

Answer 11

In order to establish a charge under section 198A(2) the Crown must prove that the accused knew someone was attempting to arrest or detain him otherwise the element of mens rea of intended to resist lawful arrest or detention cannot be established.

Question 12

R v SKIVINGTON

Answer 12

Claim of right is a defence to robbery.

Question 13

R v LAPIER

Answer 13

Robbery is complete the instant the property is taken even if momentary.

Question 14

R v PEAT

Answer 14

Returning the property does not negate the offence.

Question 15

R v COX

(Possession)

Answer 15

Possession involves two elements. The first, the physical element, is actual physical custody or control. The second is the mental element, is a combination of knowledge and intention.

Question 16

R v MAIHI

(Robbery)

Answer 16

There must be a clear connection between the act of stealing and threat of violence. Both must be present.

Question 17

PENEHA v Police

Answer 17

The actions of the defendant possibly interfere with personal freedom or powerful effect tending to cause bodily injury or discomfort.

Question 18

R v JOYCE

(Together With)

Answer 18

 Must establish at least two people physically present at the time.

Question 19

R v GALEY

(Together With)

Answer 19

Being together means two or more persons with a common intention to use the combined force.

Question 20

R v BENTHAM

(Offensive weapon)

Answer 20

Must be a thing. A persons hand or fingers are not a thing.

Question 21

R v CROSSAN

Answer 21

Takes away and detained are two separate and distinct offences.

Question 22

R v WELLARD

(Takes Away)

Answer 22

Deprivation of liberty coupled with the carrying away from the place where the Victim wants to be.

Question 23

R v PRYCE

(Detains)

Answer 23

Detaining is an active concept meaning to keep in confinement or custody.

Question 24

R v COLLISTER

(Intent)

Answer 24

Circumstantial evidence from which an offender’s intent may be inferred can include the offender’s actions and words before, during and after the event, the surrounding circumstances and the nature of the act itself.

Question 25

Simester and Brookbanks

(Knowledge)

Answer 25

Knowing or correctly believing.