Summative: Case Laws Flashcards
Mulachy v R
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
R v Wilcox
Defendants act must be the commencement of the execution of the intended offence. Defendant must have begun to perpetrate the crime.
R v Harpur
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.
R v Betts and Ridley
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.
R v Mane
To be considered an accessory the acts must be done after the offence.
R v Crooks
Knowledge means actual knowledge or belief on that the person assisted was a party to the relevant offence. Suspicion of an offence is insufficient.
R v Briggs
Knowledge may also be inferred from wilful blindness or a deliberate abstention from making enquires that would confirm the suspected truth.
DPP v Smith
Boldly harm needs no explanation and grievous means no more and no less than really serious harm
R v Joyce
Robbery
The 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
Robbery
Together with means having a common intention to use their combined forces in the perpetration of a crime
R v Maihi
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
R v Mitchell
Robbery
Previous threat playing on the mind of the victim
R v Broughton
Manifestation of an intention to inflict violence, can be directed or veiled, by words or conduct
Peneha v Police
Defendants actions forcibly interfere with personal freedom or amount to for libel action causing bodily injury or discomfort
R v Pacholko
Accused conduct is relevant, not the victims nerves
R v Lapier
Robbery is complete the instant the property is taken
R v Cox (robbery)
Possession requires two elements:
Physical: actual or potential physical control or custody
Mental: knowledge and intent.
R v Bentham
The thing that is possess must be a thing, finger guns not a thing
R v Skivington
Genuine claim of right is a defence to robbery
R v Peat
Immediate return of the goods does not purge the offence
R v Taisalika
The nature of the blow and the gash it produced point strongly to the presence of the necessary intent
R v Waters
A wound is the breaking of the skin evidenced by the flow of blood. Can be internal or external.
R v Rapana and Murray
The word disfigures covers not only permanent but also temporary damage
R v Donovan/MacArthur
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
Cameron v R
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
R v Tipple
The defendant knew of or had a conscious appreciation of the relevant risk, made a deliberate decision to run the risk
R v Tihi
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
R v Wati
Aggravated wounding
Must be proof of commission or attempted commission of a crime
R v Crossan
Incapable of resistance includes a powerlessness of the will as well as physical incapacity
R v Strawbridge
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.
Police v Emirali
The serious offence of possessing a narcotic does not extend to some minute and useless residue. Must be a useable and measurable quantity.
Santon v Police
To import includes to introduce or bring in from abroad or causing to be brought in from abroad
R v Rua
The defendant
