Case Law Flashcards
Intent (serious assault)
R v Taisalika
The nature of the blow and gash which it produced point strongly to the presence of necessary intent.
Intent
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
GBH
DPP v Smith
Bodily harm is self-explanatory. Grevious means no more or no less than really serious.
Wound
R v Water
Breaking of the skin evidenced by the flow of blood. Internal or external.
Disfigure
R v Rapana and Murray
Disfigures covers permanent damage as well as temporary
Injures
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.
Recklessness 1
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
Recklessness 2
R v Tipple
The defendant must have a conscious appreciation of the risk and make a deliberate decision to run the risk.
Aggravated Wounding 1
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
Aggravated Wounding 2
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.
Stupefy
R v Sturm
Dull senses or facilities to hinder
Incapable of resistance
R v Crossan
Includes powerless of the will, not just physical.
Robbery Complete
R v Lapier
Robbery complete instant property is taken.
Claim of right defence
R v Skivington
Defence to theft (claim of right) is a defence to robbery
Robbery (Nexus)
R v Maihi
there must be a nexus (connection) between the act of stealing and threat of violence
Violence (Robbery)
Peneha v Police
Actions of the defendant must be violent action, bodily injury or discomfort
Threat of Violence
R v Broughton
Focus on the conduct of the defendant rather than nerves of the victim
Together with 1
R v Joyce
At least two or more persons physically present
Together With 2
two or more, common intention to use combined force
Offensive Weapon
Item must be a thing, can’t be finger gun etc
Case law associated with Agg rob
R v Maihi, Peneha v Police, R v Broughton, R v Lapier, R v Skivington, R v Joyce, R v Galey, R v Bentham
Case law associated with Wounds
R v Taisalika, R v Collister, R v Tipple, Cameron v R, R v Waters, R v Rapana and Smith, R v McArthur
Case law associated with Agg wounds
R v Wati, R v Tihi, R v Sturm, R v Crossan
Case law associated with agg rob
R v Maihi, Peneha v Police, R v Broughton, R v Joyce, R v Galey, R v Bentham
Cause loss
R v Morley
measured by position before the act
Damage to property
R v Archer
Permanent or temporary physical harm or permanent or temporary impairment to use or value
R v Wilson
Tenancy is considered interest
Case law associated with Arson
R v Wilson, R v Morley, R v Archer
Case law associated with abduction and kidnapping
R v Crossan, R v Wellard, R v Mohi, R v Pryce, R v Cox
Kidnapping/Abduction offence complete
R v Mohi
committed at the time of taking away so long as in that moment there is the necessary intent
Consent
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
Proving Age
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
Kidnapping (takes away)
R v Wellard
deprivation of liberty coupled with carrying away from a place the victim wants to be
Kidnapping (detains)
keep in confinement or custody
Possession
R v Cox
two elements
physical - actual or potential custody or control
mental - knowledge and intention
Guilty Knowledge
R v Strawbridge
In the absence of evidence to the contrary, knowledge on behalf of the accused is presumed.
Usable quantity
possessing a narcotic does not extend to some minute or useless residue of the substance
Manufacturing/Producing
R v Rua
some form of process which changes the original substances into a particular controlled drug
Offer to supply
R v During
intimation (suggestion) that the person charged is ready on request, to supply to another person
Offer to supply
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
Name the case law regarding to offering to supply drugs
R v During and R v Brown
What case law is required in every drug dealing offence?
R v Strawbridge and Police v Emerali
