Week 1 Case Law

Question 1

R v Lapier

Answer 1

Robbery Complete

Robbery is complete the instant the property is taken

Question 2

R v Skivington

Answer 2

Robbery/Theft - Defence

Claim of Right is a defence against Robbery

Question 3

R v Cox (2)

Answer 3

Robbery - Possession

Possession has 2 elements the Physical and Mental

Question 4

R v Maihi

Answer 4

Robbery - Nexus

There must be a nexus between the act of stealing and the threat of violence. both must be present

Question 5

Peneha v Police

Answer 5

Robbery - Violence

to cause bodily injury or discomfort”.

Question 6

R v Broughton

Answer 6

Robbery - Threat of Violence

Intention to inflict violence unless the money or property be handed over.

Question 7

R v Pacholko

Answer 7

Robbery - Threat of Violence
It is the conduct of the accused which has to be assessed rather than ‘the strength of the nerves of the person threatened’

Question 8

R v Wells

Answer 8

Robbery - To any Person

There is no requirement that the harm be inflicted on the victim of the robbery,

Question 9

R v Joyce

Answer 9

Robbery - Together with

“two or more 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
“Being together” in the context of section 235(b) involves “two or more persons having the common intention to use their combined force,

Question 11

R v Bentham

Answer 11

Robbery - Offensive weapon

“What is possessed must under the definition be a thing. A person’s hand or fingers are not a thing.

Question 12

DPP V Smith

Answer 12

Robbery - GBH
‘Bodily harm’ needs no explanation and ‘grievous’
means no more and no less than ‘really serious’.

Question 13

Cameron v R

Answer 13

Recklessness
Recklessness is established if:
(a) the defendant recognised that there was a real
possibility that:
(i) his or her actions would bring about the
proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were
unreasonable

Question 14

R v Tipple

Answer 14

Recklessness

Have a conscious appreciation of the relevant risk, took a deliberate risk

Question 15

R v Wati

Answer 15

Aggravated Wounding

There must be proof of the commission of a crime

Question 16

R v Tihi

Answer 16

Aggravated Wounding
Facilitate the commission of imprisonable offence

meant to cause the specified harm or was reckless to the risk

Question 17

R v Wellard

Answer 17

Kidnapping (Takes Away)
The essence of the offence of kidnapping is the
“deprivation of liberty coupled with a carrying away from the place where the victim wants to be”.

Question 18

R v Pryce

Answer 18

Kidnapping (Detains)
Detaining is an active concept meaning to “keep in
confinement or custody”.

Question 19

R v Mohi

Answer 19

Kidnapping/Abduction Offence complete

The offence is committed at the time of taking away.

Question 20

R V Archer

Answer 20

Damage to property
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.

Question 21

R v Cox (1)

Answer 21

Consent must be full, voluntary, free and informed. Freely given by a person in a position to make a rational judgment.

Question 22

R v Gutuama

Answer 22

No reasonable person in the victims shoes could have thought the complainant was consenting