Case Law

Question 1

DPP V SMITH

Answer 1

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

Question 2

R V PEKEPO

Answer 2

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 3

R V DONOVAN

Answer 3

Bodily harm … includes any hurt or injury calculated to interfere with the health or comfort of the victim … it need not be permanent, but must, no doubt, be more than merely transitory and trifling.

Question 4

CAMERON V R

Answer 4

Recklessness
a) the defendant recognized that there was real possibility that
- his/her actions would bring about the prescribed result
- that the prescribed circumstances existed
b) having regard to that risk those actions were unreasonable

Question 5

POLICE V PARKER

Answer 5

Uses in any manner whatever, is to contemplate a situation short of actually firing the weapon and to present a rifle too. I think, is equivalent to or means the same thing.

Question 6

SIMESTER AND BROOKBANK: Principles of Criminal Law

Answer 6

Knowing means “knowing or correctly believing” … the defendant may believe something wrongly but cannot “know” something that is false.

Question 7

R V KELT

Answer 7

Having a firearm “with him” requires a very close link and a degree of immediate control over the weapon by the man alleged to have the firearm with him.

Question 8

TULI V POLICE

Answer 8

Prima facie circumstances are those which are sufficient to show or establish an intent in the absence of evidence to the contrary.