Violence offences - Case Law Flashcards
R v COLLISTER
Circumstantial evidence from which an offenders intent can be inferred can include:
- the offenders actions and words before, during and after the event
- The surrounding circumstances
- The nature of the act itself
Circumstantial evidence case law
R v COLLISTER
R v TAISALIKA
The nature of the blow and the gash which it produced on the complainants head would point strongly to the presence of the necessary intent
Intent through injury case law
R v TAISALIKA
DPP v SMITH
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”
Grievous Bodily Harm case law
DPP v SMITH
R v WATERS
“A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will normally be evidenced by a flow of blood and, in its occurrence at the site of a blow or impact, the would will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal”
Wounds case law
R v WATERS
R v Rapana and Murray
The word disfigure covers “not only permanent damage but also temporary damage
Disfigure case law
R v RAPANA and MURRAY
Cameron v R
Recklessness is established if:
- the defendant recognised that there was a real possibility that
(i) his or her actions would bring about the proscribed resulted; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard tot hat risk those actions were unreasonable
Recklessness case law
CAMERON v R and R v TIPPLE
R v TIHI
In addition to one of the specific intents outlined in paragraphs (a)(b) or (c) “it must be shown that the offender either meant to cause the specified harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it
Two fold test for intent case law
R v TIHI
R v WATI
There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate
Proof of commission case law
R v WATI
R v CROSSAN - mere threat…
Mere threat may not in itself be sufficient to constitute “violent means”
R v DONOVAN
‘Bodily harm’ includes any hurt or injury calculated to interfere with the health or comfort of the victim. It ned not be permanent but must, no doubt, be more than merely transitory or trifling
Bodily harm caselaw
R v DONOVAN
R v PEKEPO
A reckless discharge of a firearm in the general direction of a passerby who happens to be hit is not sufficient proof. An intention to shoot that person must be established.
Reckless discharge of a firearm caselaw
R v PEKAPO
R v SWAIN
To deliberately or purposely remove a sawn off shotgun from a bag after being confronted by or called upon by a police constable amounts to a use of that firearm within the meaning of s198A crimes act 1961