Case Studies

Question 1

INTENT Case Law

Answer 1

R v TAISALIKA

The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.

Question 2

Case Law for Recklessness

Answer 2

Cameron v R

Recklessness is established if:

(a) the defendant recognised that there was a real possibility that:

(1a) his or her actions would bring about the prescribed result & OR

(1b) that the prescribed circumstances existed &

(b) having regard to that risk those actions were unreasonable.

Question 3

Reckless Case Law

Answer 3

R v Tipple

Recklessness requires that the offender knew of or have a conscious appreciation of the relevant risk, and it may be said that it requires “ deliberate decision to run the risk”

Question 4

Case Law for Wounding

Answer 4

R v WATERS

A wound is a “breaking of the skin evidenced by flow of blood. Maybe internal or external.

Tip: Gash is also Wounding
Think wound is breaking the skin and blood flowing like Waters

Question 5

Case Law for Intent

Answer 5

R v Collister

Two officers

Tip: Call list ER room
Intent