Case Law Flashcards
INTENT R v MOHAN
Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence…”
INTENT R v WAAKA
A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act.”
INTENT R v TAISALIKA
The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.
BODILY HARM R v DONOVAN
“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.
GREVIOUS BODILY HARM DPP v SMITH
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious.”
WOUND R v WATERS
A wound is the breaking in the continuity of the skin with the flow of blood and can be external or internal.
RECKLESS DISREGARD R v HARNEY
Involves actual foresight by the accused of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.
INTENT – s 191
R v TIHI
In addition to one of the specific intents outlined in paragraphs (a) (b) (c) “ it must be shown the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to risk of suffering it’
OFFENCE PROVEN – s 191 R v WATI
The offence the offender or another was fleeing from must be proved
STUPIFY R v STURM
to cause an effect on the mind or nervous system of a person, (which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime).
INCAPABLE OF RESISTANCE R v CROSSAN
“Incapable of resistance” includes a powerlessness of the will as well as a physical incapacity.
