Formative: Case Law For Liabilities Flashcards
Ruling and application of Taisalika
The nature of the blow and the hash produced point strongly to the presence of intent
Intent in injuring wounding matters
Ruling and application of Donovan
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
Ruling and application of Cameron
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
Ruling and application of Donovan
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
Ruling and application of Tipple
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.
Ruling and application of Waters
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
Ruling and application of Ratana and Murray
Disfigures covers not only permanent but also temporary change
Ruling and application of Collister
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
Ruling and application of DPP v Smith
Bodily injury needs no explanation and grievous is no more or no less than harm that is really serious
GBH
Ruling and application of Tihi
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
Ruling and application of Wati
Must be proof of commission or attempted commission of a crime
Aggravated wounding
Ruling and application of Sturm
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
Ruling and application of Crossan
Incapable of resistance includes a powerlessness of the will as well as physical incapability
Relates to aggravated wounding
Ruling and application of Wells
No requirement that the harm be inflicted on the victim of the robbery
Relates to who receives the GBH in an agg rob
Ruling and application of Lapier
Robbery is complete the instant the property is taken
Relates to completion of robbery
Ruling and application of Peat
Immediate return of the good does not purge the offence
Completion of robbery
Ruling and application of Skivington
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
Ruling and application of Cox
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
Ruling and application of Maihi
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
Ruling and application of Peneha
Defendants actions forcibly interfere with personal freedom or amount to forcible actions causing bodily injury or discomfort
Ruling and application of Bentham
What is possesed must be a thing. Fingers are not a things.
Relates to what is an offensive weapon in aggravated robbery
Ruling and application of Joyce
Two persons physically present at the time the robbery was committed
Relates to being together with for robbery
Ruling and application of Galey
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
