Case Laws

Question 1

**R v TAISALIKA (intent)

Answer 1

Nature of the blow and the gash it produced points strongly to presence of necessary intent, regardless of intoxication level at the time (TAISALIKA was drunk)

Question 2

DPP V SMITH (gbh)

Answer 2

Grievous means really serious

Question 3

*R V WATERS (wound)

Answer 3

A breaking of the skin evidenced by the flow of blood, more often than not external but bleeding can also evidence internal wound.

Question 4

R V RAPANA MURRAY (disfigure)

Answer 4

Disfigure = temporary and permanent damage

Question 5

R V DONOVAN (bodily harm)

Answer 5

Any hurt or injury calculated to interfere with health or comfort, not necessarily permanent but more than transitory or trifling.

Question 6

CAMERON V R (recklessness)

Answer 6

Established if recognised actions will bring a prescribed result
and/or the circumstances existed and regarding the risk the actions were unreasonable

Question 7

**R V TIHI (intent)

Answer 7

It must be shown offender meant to cause specified harm, or saw the actions undertaken were likely to expose others to harm (reckless)

Question 8

R V WATI (flight)

Answer 8

For aggravated- There must be proof of the commission or attempted commission of a crime

either by person commiting crime or
by person who’s arrest or flight he intends to avoid or facilitate

Question 9

R V PEKEPO (Intent firearm)

Answer 9

Reckless discharge hitting passerby not enough proof, intent to shoot them required

Question 10

R V SWAIN (uses firearm)

Answer 10

To remove a shotgun from a bag after being confronted by police amounts to use of firearm

Question 11

FISHER V R (intent to resist)

Answer 11

Must prove accused knew someone was attempting to detain or arrest them otherwise mens rea can’t be established.

Question 12

**R V SKIVINGTON (Claim of right theft)

Answer 12

As theft is an element, If they hold an honest belief they have claim of right, the offence of theft therefore robbery is not made out.

Question 13

*R V LAPIER (taking olden days)

Answer 13

Theft complete moment its taken, even momentarily

Question 14

R V COX (possession)

Answer 14

2 elements

• mental (knowledge intent)
• physical (custody and control)

Question 15

R V MAIHI (robbery theft)

Answer 15

Must be a link between act of stealing and threat of violence. Both must be present, not necessarily contemporaneous

Question 16

PENEHA V POLICE (violence : liability robbery)

Answer 16

actions forcibly interfere with personal freedom of victim, powerful or violent action producing a marked effect causing bodily injury or discomfort

Question 17

**R V JOYCE (2 or more joint enterprise)

Answer 17

Crown must establish 2 or more physically present at the time as a joint enterprise.

Question 18

R V GALEY (being together agg rob)

Answer 18

Two or more having the common intention to use combined force in preparation of the crime

Question 19

R V WELLARD (kidnapping taking away)

Answer 19

Deprivation of liberty along with carrying away from place v wants to be

Question 20

**R V CROSSAN (taking away v detaining)

Answer 20

Both different offences. One is taking sway against will. Second is then detaining against her will, so his conduct constituted new offence, both different offences

Question 21

R V PRYCE (detains) CCH

Answer 21

To keep in confinement or custody, different to harboring which is failing to handover.

Question 22

R V MOHI (abduction intent)

Answer 22

Offence complete once a period of detention accompanied by intent

Question 23

R V WAAKA (intent during abduction)

Answer 23

Intent can be formed during abduction, not necessarily before.

Question 24

R V M (kidnapping consent)

Answer 24

Crown prove accused intended to take v away and knew they weren’t consenting.