Violence Case Law

Question 1

R V Cox (possession)

Answer 1

Possession involves two elements.
The first the physical, actual, potential physical custody or control. The second the mental element. The combination of intention and knowledge. Knowledge in the sense of awareness by the accused and the I tension to exercise the possession.

Question 2

R V Skivington (claim of right)

Answer 2

Theft is an element of robbery that if honest belief from man has claim of right it is a defence to larceny. It negates the element of the offence of robbery. Which the whole offence is not made out

Question 3

R V Lapier (taking)

Answer 3

Robbery is complete the instant the property is taken. Even if the possession is only momentary.

Question 4

R V Joyce (together with proximity)

Answer 4

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

Question 5

R V Maihi (accompanied by)

Answer 5

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 doesn’t require that the act of stealing and the threat of violence be contemporaneous

Question 6

R V Broughton

Answer 6

A threat of violence is the manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct or veiled. It may be conveyed by words or conduct or a combination of both.

Question 7

R V M

Answer 7

The Crown must prove that the defendant intended to take away or detain the complainant and knew that the complainant was not consenting

Question 8

R V Galey

Answer 8

Being together with in context of section 235(b) involves two or more persons having the common intention to use their combined fores, either in any event or as circumstances might require directly in the perpertrarion of the crime

Question 9

DPP V Smith

Answer 9

“Grievious” needs no explanation “Bodily Harm” means no more or no less than really serious

Question 10

R V Mwai

Answer 10

The defendant faced multiple counts for infecting two women with HIV.

HIV is steady relentless progression leading to aids, then inevitably death.

Question 11

R v Waters

Answer 11

The breaking of the skin evidence by the flow of blood and its occurrence at the site of the impact. The wound will more often be external, cases of evidence in bleeding which is the separation of tissues which is internal

Question 12

R v Tihi

Answer 12

The Crown must satisfy the two fold test.

1. The defendant intended to facilitate the commission of any imprisonable offence(intents a, b, c)
2. The defendant meant to cause specific harm or was reckless to that risk

Question 13

R V Wati ( S191)

Answer 13

There must be proof of the commission or attempted commission of a crime either by the person whose arrest or flight he intends to avoid or facilitate

Question 14

R V Donovan

Answer 14

Bodily Harm included any hurt or injury calculated to interfere with health or comfort, it need not be permanent but must no doubt be more than mere transitory or trifling

Question 15

R V Pekepo s198A

Answer 15

The reckless discharge of a firearm in the general direction of a passer by who happens to get hit is not sufficient proof. An intention to shoot that person must be established.

Question 16

Fisher V R (S198A(2))

Answer 16

The Crown must prove that the accused knew that someone was attempting to arrest or detain him. Because otherwise the element of men’s rea of intending to resist lawful arrest is not established

Question 17

R V Kelt. (has with him) s198B

Answer 17

A very close physical link and a degree of immediate control over the weapon by the man alleged to have the firearm with him.

Question 18

R V M (intent taking)

Answer 18

The Crown must prove that the accused intended to take or detain the complainant and that he/she knew that the complaint was not consenting