Summative: Case Laws

Question 1

Mulachy v R

Answer 1

A conspiracy consists not merely of the intention of two or more people but in the agreement to do an unlawful act, or an unlawful act by u lawful means

Question 2

R v Wilcox

Answer 2

Defendants act must be the commencement of the execution of the intended offence. Defendant must have begun to perpetrate the crime.

Question 3

R v Harpur

Answer 3

In assessing the conduct there must be a full evaluation of time place and circumstance.

What remains to be done is relevant but not always determinative.

Question 4

R v Betts and Ridley

Answer 4

Offence where no violence is contemplated, principle offender uses violence, secondary offender taking no physical part would not be held liable for the violence used.

Question 5

R v Mane

Answer 5

To be considered an accessory the acts must be done after the offence.

Question 6

R v Crooks

Answer 6

Knowledge means actual knowledge or belief on that the person assisted was a party to the relevant offence. Suspicion of an offence is insufficient.

Question 7

R v Briggs

Answer 7

Knowledge may also be inferred from wilful blindness or a deliberate abstention from making enquires that would confirm the suspected truth.

Question 8

DPP v Smith

Answer 8

Boldly harm needs no explanation and grievous means no more and no less than really serious harm

Question 9

R v Joyce

Answer 9

Robbery

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

Question 10

R v Galey

Answer 10

Robbery

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

Question 11

R v Maihi

Answer 11

Robbery

There must be a nexus between the the act of stealing and the threat of violence, but they do not need to be contemporaneous

Question 12

R v Mitchell

Answer 12

Robbery

Previous threat playing on the mind of the victim

Question 13

R v Broughton

Answer 13

Manifestation of an intention to inflict violence, can be directed or veiled, by words or conduct

Question 14

Peneha v Police

Answer 14

Defendants actions forcibly interfere with personal freedom or amount to for libel action causing bodily injury or discomfort

Question 15

R v Pacholko

Answer 15

Accused conduct is relevant, not the victims nerves

Question 16

R v Lapier

Answer 16

Robbery is complete the instant the property is taken

Question 17

R v Cox (robbery)

Answer 17

Possession requires two elements:

Physical: actual or potential physical control or custody

Mental: knowledge and intent.

Question 18

R v Bentham

Answer 18

The thing that is possess must be a thing, finger guns not a thing

Question 19

R v Skivington

Answer 19

Genuine claim of right is a defence to robbery

Question 20

R v Peat

Answer 20

Immediate return of the goods does not purge the offence

Question 21

R v Taisalika

Answer 21

The nature of the blow and the gash it produced point strongly to the presence of the necessary intent

Question 22

R v Waters

Answer 22

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

Question 23

R v Rapana and Murray

Answer 23

The word disfigures covers not only permanent but also temporary damage

Question 24

R v Donovan/MacArthur

Answer 24

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

Question 25

Cameron v R

Answer 25

The defendant recognised that there was a real possibility that

• his/her actions would bring about proscribed result
• proscribed circumstances exist

And having regard to that risk their actions were unreasonable

Question 26

R v Tipple

Answer 26

The defendant knew of or had a conscious appreciation of the relevant risk, made a deliberate decision to run the risk

Question 27

R v Tihi

Answer 27

With regards to aggravated wounding

In addition to intents outlined in (a)-(c), must show the the offender meant to cause the specified harm or foresaw the risk of his actions

Question 28

R v Wati

Answer 28

Aggravated wounding

Must be proof of commission or attempted commission of a crime

Question 29

R v Crossan

Answer 29

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

Question 30

R v Strawbridge

Answer 30

It is not me wary for the crown to establish knowledge on the part of the accused.

In the absence of evidence to the contrary, knowledge will be presumed.

If there is an honest belief of innocence, entitled to acquittal.

Question 31

Police v Emirali

Answer 31

The serious offence of possessing a narcotic does not extend to some minute and useless residue. Must be a useable and measurable quantity.

Question 32

Santon v Police

Answer 32

To import includes to introduce or bring in from abroad or causing to be brought in from abroad

Question 33

R v Rua

Answer 33

The defendant