CASE LAWS

Question 1

R v TAISALIKA

Answer 1

• The nature of the blow and the gash which it produced points strongly to the necessary presence of the necessary intent

Question 2

R v COLLISTER

Answer 2

• Actions or words, before/during or after. Surrounding Circs and nature of act.

Question 3

GBH - DPP v SMITH

Answer 3

Harm that is really serious

Question 4

R v WATERS

Answer 4

Breakage of skin, flow of blood. External/Internal

Question 5

R v RAPANA & MURRARY

Answer 5

Disfigures covers - Temporary/Permanent Damage

Question 6

R v STRUM

Answer 6

To cause an effect on the mind or nervous system of a person, interferes with the persons mental or physical ability to act (fight back or stop the offences)

Question 7

R v CROSSAN

Answer 7

Incapable of resistance - incl. powerless of will as well as a physical inability

Question 8

R v McARTHUR

Answer 8

Bodily Harm
- Interfere with health/comfort of the victim
- Not need to be permanent, but must be more than trifling

Question 9

R v WATI

Answer 9

• There must be proof of the commission/the attempt by:
  Person committing assault
  Person or arrest or flight he intends to facilitate

Question 10

R v TIHI

Answer 10

• 2-fold test for Prosecution
  Intent to facilitate the Commission of Any Imprisonable Offence
  Intent to cause the specified harm, or reckless

Question 11

CAMERON v R

Answer 11

• Recklessness proved by:
  a) Def. consciously/deliberately ran risk (subjective)
  b) Unreasonable given risk - would a reasonable person take the risk (objective)
• Actions bring a proscribed result
• Risk unreasonable given circs.

Question 12

R v WELLARD

Answer 12

Take away from where they want to be

Question 13

R v PRYCE

Answer 13

Keep in Confinement/Custody

Question 14

R v COX

Answer 14

A full, free, voluntary and informed person, that can give a rational judgement

Question 15

R v CHARTRAND

Answer 15

• Defendant may have had innocent motives - not relevant

Question 16

R v COX (Possession)

Answer 16

2 Elements (physical/mental)
- Physical - Custody and control
- Mental - Knowledge and intent

R v COX
2 elements
Physical - Knowledge (Custody/Control)
Mental - Knowledge & intention to maintain possession

Question 17

R v FOREST v FOREST

Answer 17

• Best possible evidence, proof of victims age.
• Onus on Prosecution to victim’s age

Question 18

R v LAPIER

Answer 18

Robbery complete once item taken

Question 19

R v SKIVINGTON

Answer 19

Claim of right - defence to theft

Question 20

R v PEAT

Answer 20

Return goods after Robbery - does not matter

Question 21

R v MAIHI

Answer 21

Must be a connection between threat and stealing (both must be present)
However, doesn’t have to be contemporaneous

Question 22

PENEHA v POLICE

Answer 22

Def actions interfere with personal freedom, or a forcible powerful or violent action or motion

Question 23

R v BROUGHTON

Answer 23

Threat made by actions or words

Question 24

R v PACHOLKO

Answer 24

Conduct of the Def. has to be assessed rather than “the strength of the nerves of the person threatened”.

Question 25

R v JOYCE

Answer 25

Establish 2 or more persons are present

Question 26

R v GALEY

Answer 26

Being together, 2 or more having with common intension/purpose to commit a crime.

Question 27

R v BENTHAM

Answer 27

Must be a thing (not a finger)

Question 28

SIMESTER AND BROOKBANKS

Answer 28

Knowledge:
“Knowing or Correctly Believing”
- Def. may believe something is wrong and cannot know something is false.

Question 29

R v WATERS

Answer 29

Breakage of skin, flow of blood. External/Internal

Question 30

R v MOHI

Answer 30

Offence committed at the time of taking as long as having necessary intent.