Caselaw Flashcards
R v Taisalika
Nature of blow and injury produced point strongly towards presence of necessary intent.
DPP v Smith
Grievous Bodily Harm means harm that is really serious.
R v Waters
A wound is evidenced by a breaking of the skin and a flow of blood.
R v Rapana and Murray
Disfigures covers not only permanent damage but also temporary damage .
R v Donovan
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.
R v Harney
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.
R v Tihi
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.
R v Wati
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.
R v Pekepo
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.
R v Swain
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.
Fisher v R
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.
R v Skivington
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.
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the robber is only momentary.
R v Cox (Possession)
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.
R v Maihi
There must be nexus between theft and violence or threats or violence in a robbery, such that the theft and violence are connected.
Peneha v Police
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.
R v Joyce
Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.
R v Galey
‘Being together’ involves two or more persons having a common intention to use their combined force to directly perpetrate a crime.
R v Wellard
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.
R v Crossan (Kidnapping/Abduction)
Taking away and detaining are separate and distinct offences.
R v Pryce
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.
R v Cox (Consent)
Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgement.
R v Mohi
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.
R v Waaka
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.
R v M
Crown must prove that the accused intended to take away or detain the complainant and that they knew that the complainant was not consenting.
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of age.
Simester and Brookbanks
Knowing involves a correct belief. If an incorrect belief you cannot know.
R v Crossan (Violence)
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
