main case law Flashcards
R v Taisalika
The nature of the blow and the gash which it produced point strongly to the presence of the neccessary intent.
R v Tipple
Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires a “deliberate decision to run the risk”.
R v Waters
A wound is a “breaking of the skin evidenced by the flow of blood. May be internal or external.
R v Tihi
It must be shown that the offender meant to cause specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.
R v Collister
Circumstantial evidence from which an offenders intent may be inferred can include:
The offenders actions and words before, during and after the event
The surrounding circumstances
The nature of the act itself.
The nature of the blow and the gash which it produced point strongly to the presence of the neccessary intent.
R v Taisalika
Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires a “deliberate decision to run the risk”.
R v Tipple
A wound is a “breaking of the skin evidenced by the flow of blood. May be internal or external.
R v Waters
It must be shown that the offender meant to cause specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.
R v Tihi
Circumstantial evidence from which an offenders intent may be inferred can include:
The offenders actions and words before, during and after the event
The surrounding circumstances
The nature of the act itself.
R v Collister
R v Lapier
Robbery is complete the instant the property is taken, even if possession by the thief is only momentary.
Application: Robbery complete
R v Peat
The immediate return of goods by the robber does not purge the offence.
Application: robbery complete.
R v Maihi
“It is implicit in ‘accompany‘ that there must be a nexus (connection or link) between the act of stealing .… and a threat of violence. Both must be present.” However the term “does not require that the act of stealing and the threat of violence be contemporaneous .… “
Application: robbery nexus
R v Skivington
Defence to theft (claim of right) is a defence to robbery.
Application: claim of right – defence to robbery.
Police v Emerali
(Emerali sounds Spanish - imagine a Spanish drug trafficker with a tiny bit of cocaine in his pocket)
(Application: usable quantity (drug dealing)
In any drug offence the quantity of drug involved must be measurable and useable.
Application: usable quantity (drug dealing)
R v Rua
(Rua Bioscience produce OR manufacture medicinal cannabis)
The statute is not intended to create separate crimes of producing and manufacturing a controlled drug. Rather, we are inclined to the view that the use of the words ‘produce or manufacture’ are to be read as complementary and to broadly cover the process of the creation of controlled drugs.
Application: produce/manufacture (drug dealing)
R v During
(During this time I can now offer to supply you drugs)
(Application: offer to supply (drug dealing)
Intention is that the person will believe a real offer has been made.
Application: offer to supply (drug dealing)
If the accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.
R v Strawbridge
(An innocent woman thinks she is growing straw (tomato plants) when she is acutally growing cannabis = not guilty)
In any drug offence the quantity of drug involved must be measurable and useable.
Application: usable quantity (drug dealing)
Police v Emerali
(Emerali sounds Spanish - imagine a Spanish drug trafficker with a tiny bit of cocaine in his pocket)
(Application: usable quantity (drug dealing)
The statute is not intended to create separate crimes of producing and manufacturing a controlled drug. Rather, we are inclined to the view that the use of the words ‘produce or manufacture’ are to be read as complementary and to broadly cover the process of the creation of controlled drugs.
Application: produce/manufacture (drug dealing)
R v Rua
(Rua Bioscience produce OR manufacture medicinal cannabis)
Intention is that the person will believe a real offer has been made.
Application: offer to supply (drug dealing)
R v During
(During this time I can now offer to supply you drugs)
(Application: offer to supply (drug dealing)
