Formative: Case Law For Liabilities

Question 1

Ruling and application of Taisalika

Answer 1

The nature of the blow and the hash produced point strongly to the presence of intent

Intent in injuring wounding matters

Question 2

Ruling and application of Donovan

Answer 2

Bodily harm includes hurt or injury
To interfere with health or comfort of victim
Need not be permanent
Must be more than transitory or trifling

Binding harm in wounding injuring matters

Question 3

Ruling and application of Cameron

Answer 3

Recklessness is established if

The defendant recognised that there is a real possibility that his actions would bring about the prescribed result

And

The circumstances exist

Recklessness

Question 4

Ruling and application of Donovan

Answer 4

Bodily harm includes hurt or injury
To interfere with health or comfort of victim
Need not be permanent
But more than transitory or trifling

Relates to bloody harm

Question 5

Ruling and application of Tipple

Answer 5

Recklessness requires offender to know of or have an appreciation of the relevant risk, and requires a deliberate decision to run the risk

Relates to recklessness.

Question 6

Ruling and application of Waters

Answer 6

A wound is the breaking of the skin evidenced by the flow of blood. Can be internal or external.

Relates to what is a wound

Question 7

Ruling and application of Ratana and Murray

Answer 7

Disfigures covers not only permanent but also temporary change

Question 8

Ruling and application of Collister

Answer 8

Circumstantial evidence from which an offenders intent can be inferred:

Worlds of actions of offender before during or after the event
The surrounding circumstances
The nature of the act

Question 9

Ruling and application of DPP v Smith

Answer 9

Bodily injury needs no explanation and grievous is no more or no less than harm that is really serious

GBH

Question 10

Ruling and application of Tihi

Answer 10

In addition to intents outlines in a-c, must also show that the offender meant to cause the specified harm or foresaw the risk of his actions

Relates to aggravated wounding

Question 11

Ruling and application of Wati

Answer 11

Must be proof of commission or attempted commission of a crime

Aggravated wounding

Question 12

Ruling and application of Sturm

Answer 12

To stupefy means to cause an effect on the mind or the nervous system of a person which seriously interferes with that persons mental or physical ability to act in a way that would hinder a crime

Relates to stupefy in aggravated wounding

Question 13

Ruling and application of Crossan

Answer 13

Incapable of resistance includes a powerlessness of the will as well as physical incapability

Relates to aggravated wounding

Question 14

Ruling and application of Wells

Answer 14

No requirement that the harm be inflicted on the victim of the robbery

Relates to who receives the GBH in an agg rob

Question 15

Ruling and application of Lapier

Answer 15

Robbery is complete the instant the property is taken

Relates to completion of robbery

Question 16

Ruling and application of Peat

Answer 16

Immediate return of the good does not purge the offence

Completion of robbery

Question 17

Ruling and application of Skivington

Answer 17

If the offender has an honest belief in their claim of right to the property, it is a defender to robbery

But still criminally liable for the violence or threats

Possible defence for Robbery

Question 18

Ruling and application of Cox

Answer 18

Possession requires two elements

Physical: actual or potential physical physical custody or control

Mental: knowledge an intention. Knowledge they have possession and intention to exercise it.

Relates to possession in robbery

Question 19

Ruling and application of Maihi

Answer 19

Must be a nexus between the act of stealing and the threats of violence, but they do not need to be contemporaneous

Relates to robbery

Question 20

Ruling and application of Peneha

Answer 20

Defendants actions forcibly interfere with personal freedom or amount to forcible actions causing bodily injury or discomfort

Question 21

Ruling and application of Bentham

Answer 21

What is possesed must be a thing. Fingers are not a things.

Relates to what is an offensive weapon in aggravated robbery

Question 22

Ruling and application of Joyce

Answer 22

Two persons physically present at the time the robbery was committed

Relates to being together with for robbery

Question 23

Ruling and application of Galey

Answer 23

Together with means having a common intention to use their combined force in the perpetration of the crime

Relates to together with for agg rob