Case Law

Question 1

Intent (serious assault)

Answer 1

R v Taisalika

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

Question 2

Intent

Answer 2

R v Collister

Circumstantial evidence can infer the offender’s intent

The offenders’ words and actions before, during and after the event

The surrounding circumstances

The nature of the act itself

Question 3

GBH

Answer 3

DPP v Smith

Bodily harm is self-explanatory. Grevious means no more or no less than really serious.

Question 4

Wound

Answer 4

R v Water

Breaking of the skin evidenced by the flow of blood. Internal or external.

Question 5

Disfigure

Answer 5

R v Rapana and Murray

Disfigures covers permanent damage as well as temporary

Question 6

Injures

Answer 6

R v McArthur

Any hurt or injury calculated to interfere with the comfort or health of the victim.

Need not be permanent but must be more than transitory or trifling.

Question 7

Recklessness 1

Answer 7

Cameron v R

Established if the defendant recognized there is a real possibility that

his or her actions would bring about the proscribed result

the proscribed circumstances existed

In regard to that risk their actions were unreasonable

Question 8

Recklessness 2

Answer 8

R v Tipple

The defendant must have a conscious appreciation of the risk and make a deliberate decision to run the risk.

Question 9

Aggravated Wounding 1

Answer 9

R v Wati

Proof of the commission or attempted commission by the person committing the assault or the person they are faciliating the flight of

Question 10

Aggravated Wounding 2

Answer 10

R v Tihi

Along with the intent a-c, the defendant must mean to cause the harm or know that it was a likely outcome of their actions.

Question 11

Stupefy

Answer 11

R v Sturm

Dull senses or facilities to hinder

Question 12

Incapable of resistance

Answer 12

R v Crossan

Includes powerless of the will, not just physical.

Question 13

Robbery Complete

Answer 13

R v Lapier

Robbery complete instant property is taken.

Question 14

Claim of right defence

Answer 14

R v Skivington

Defence to theft (claim of right) is a defence to robbery

Question 15

Robbery (Nexus)

Answer 15

R v Maihi

there must be a nexus (connection) between the act of stealing and threat of violence

Question 16

Violence (Robbery)

Answer 16

Peneha v Police

Actions of the defendant must be violent action, bodily injury or discomfort

Question 17

Threat of Violence

Answer 17

R v Broughton

Focus on the conduct of the defendant rather than nerves of the victim

Question 18

Together with 1

Answer 18

R v Joyce

At least two or more persons physically present

Question 19

Together With 2

Answer 19

two or more, common intention to use combined force

Question 20

Offensive Weapon

Answer 20

Item must be a thing, can’t be finger gun etc

Question 21

Case law associated with Agg rob

Answer 21

R v Maihi, Peneha v Police, R v Broughton, R v Lapier, R v Skivington, R v Joyce, R v Galey, R v Bentham

Question 22

Case law associated with Wounds

Answer 22

R v Taisalika, R v Collister, R v Tipple, Cameron v R, R v Waters, R v Rapana and Smith, R v McArthur

Question 23

Case law associated with Agg wounds

Answer 23

R v Wati, R v Tihi, R v Sturm, R v Crossan

Question 24

Case law associated with agg rob

Answer 24

R v Maihi, Peneha v Police, R v Broughton, R v Joyce, R v Galey, R v Bentham

Question 25

Cause loss

Answer 25

R v Morley measured by position before the act

Question 26

Damage to property

Answer 26

R v Archer Permanent or temporary physical harm or permanent or temporary impairment to use or value

Question 27

R v Wilson

Answer 27

Tenancy is considered interest

Question 28

Case law associated with Arson

Answer 28

R v Wilson, R v Morley, R v Archer

Question 29

Case law associated with abduction and kidnapping

Answer 29

R v Crossan, R v Wellard, R v Mohi, R v Pryce, R v Cox

Question 30

Kidnapping/Abduction offence complete

Answer 30

R v Mohi committed at the time of taking away so long as in that moment there is the necessary intent

Question 31

Consent

Answer 31

R v Cox Consent must be full, voluntary, informed and free, freely and voluntarily given by a person in a position to form a rational judgement

Question 32

Proving Age

Answer 32

R v Forrest and Forrest The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim's age

Question 33

Kidnapping (takes away)

Answer 33

R v Wellard deprivation of liberty coupled with carrying away from a place the victim wants to be

Question 34

Kidnapping (detains)

Answer 34

keep in confinement or custody

Question 35

Possession

Answer 35

R v Cox two elements physical - actual or potential custody or control mental - knowledge and intention

Question 36

Guilty Knowledge

Answer 36

R v Strawbridge In the absence of evidence to the contrary, knowledge on behalf of the accused is presumed.

Question 37

Usable quantity

Answer 37

possessing a narcotic does not extend to some minute or useless residue of the substance

Question 38

Manufacturing/Producing

Answer 38

R v Rua some form of process which changes the original substances into a particular controlled drug

Question 39

Offer to supply

Answer 39

R v During intimation (suggestion) that the person charged is ready on request, to supply to another person

Question 40

Offer to supply

Answer 40

R v Brown four ways to offer to supply drugs on hand drugs that will be procured at a later date mistakenly believes he can supply deceitfully, knowing he will not supply

Question 41

Name the case law regarding to offering to supply drugs

Answer 41

R v During and R v Brown

Question 42

What case law is required in every drug dealing offence?

Answer 42

R v Strawbridge and Police v Emerali