Caselaw

Question 1

R v Taisalika

Answer 1

Nature of blow and injury produced point strongly towards presence of necessary intent.

Question 2

DPP v Smith

Answer 2

Grievous Bodily Harm means harm that is really serious.

Question 3

R v Waters

Answer 3

A wound is evidenced by a breaking of the skin and a flow of blood.

Question 4

R v Rapana and Murray

Answer 4

Disfigures covers not only permanent damage but also temporary damage .

Question 5

R v Donovan

Answer 5

Bodily harm is hurt or injury which permanently or temporarily interferes with health or comfort of victim, and must be more than transitory or trifling.

Question 6

R v Harney

Answer 6

Recklessness is the conscious and deliberate taking of an unjustified risk, with proof the consequences complained of could well happen, together with an intention to continue the course of conduct regardless of risk.

Question 7

R v Tihi

Answer 7

It must be shown the offender meant to cause the specified harm, or foresaw the actions he took were likely to expose others to the risk of suffering it.

Question 8

R v Wati

Answer 8

There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate.

Question 9

R v Pekepo

Answer 9

A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.

Question 10

R v Swain

Answer 10

To deliberately or purposely remove a sawn-off shotgun from a bag after being called up by a Police constable amounts to a use of that firearm within the meaning of Section 198A of CA1961.

Question 11

Fisher v R

Answer 11

It is necessary in order to establish a charge of ‘Using any firearm against law enforcement officer’ for the crown to prove that the accused knew someone was attempting to arrest or detain them because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established.

Question 12

R v Skivington

Answer 12

Theft is an element of robbery, and if the honest belief that a man has a claim of right is a defence to theft, then it negates one of the elements in the offence of robbery, without proof of which the full offence is not made out.

Question 13

R v Lapier

Answer 13

Robbery is complete the instant the property is taken, even if possession by the robber is only momentary.

Question 14

R v Cox (Possession)

Answer 14

Two elements to possession – physical possession involves actual or potential custody or control. Mental possession is a combination of knowledge and intention to exercise possession.

Question 15

R v Maihi

Answer 15

There must be nexus between theft and violence or threats or violence in a robbery, such that the theft and violence are connected.

Question 16

Peneha v Police

Answer 16

It is sufficient that the actions of the defendant forcibly interfere with personal freedom or amount to forcible, powerful, or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort.

Question 17

R v Joyce

Answer 17

Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.

Question 18

R v Galey

Answer 18

‘Being together’ involves two or more persons having a common intention to use their combined force to directly perpetrate a crime.

Question 19

R v Wellard

Answer 19

The essence of the offence of kidnapping is the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.

Question 20

R v Crossan (Kidnapping/Abduction)

Answer 20

Taking away and detaining are separate and distinct offences.

Question 21

R v Pryce

Answer 21

Detaining is an active concept meaning to keep in confinement or custody. This is to be contrasted to the passive concept of harbouring or mere failure to hand over.

Question 22

R v Cox (Consent)

Answer 22

Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgement.

Question 23

R v Mohi

Answer 23

The offence is complete once there has been a period of detention or a taking accompanied by the necessary intent, regardless of whether the intent was carried out.

Question 24

R v Waaka

Answer 24

Intent may be formed at any time during the taking away. If a taking away commences without the intent to have intercourse, but the intent is formed during the taking away, that is sufficient.

Question 25

R v M

Answer 25

Crown must prove that the accused intended to take away or detain the complainant and that they knew that the complainant was not consenting.

Question 26

R v Forrest and Forrest

Answer 26

The best evidence possible in the circumstances should be adduced by the prosecution in proof of age.

Question 27

Simester and Brookbanks

Answer 27

Knowing involves a correct belief. If an incorrect belief you cannot know.

Question 28

R v Crossan (Violence)

Answer 28

Incapable of resistance includes a powerlessness of the will as well as a physical incapacity. The term violent means is not limited to physical violence and may include threats of violence depending on the circumstances