case law violence

Question 1

R v Mohan

Answer 1

Intent involves a decision to bring about so far as it lies within the accused power the commission of the offence

Question 2

R v Tihi

Answer 2

In addition to one of the specific intents outlined in paragraphs (a) (b)or(c), it must be shown that the offender either meant to cause the specified harm,or foresaw the actions undertaken by him were likely to expose others to the risk of suffering it.

Question 3

R v Waters

Answer 3

A breaking of the skin would be commonly regarded as a characteric of a wound. The breaking of the skin will normally be evidenced by a flow of blood and, in its occurrence at the site of the blow or impact, the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.

Question 4

R v Taisalika

Answer 4

The nature of the blow and the gash it produced on the complainants head would strongly point to the presence of the necessary intent.

Question 5

R v Donavan

Answer 5

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 or trifling.

Question 6

R v Waaka

Answer 6

A fleeting or passing thought is not sufficient;there must be a firm intent or firm purpose to effect an act

Question 7

R v Harney

Answer 7

Recklessness involves foresight of dangerous consequences that could well happen together intention to continue the course of conduct regardless of the risk

Question 8

DPP v Smith

Answer 8

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

Question 9

R V Rapana and Murray

Answer 9

The word disfigure covers not only permanent damage but also temporary damage.