What does R v Tipple establish
Recklessness requires the offender to know or be aware of the relevant risk. The offender then runs the risk anyway.
What is Cameron v R
Recklessness is established if:
1. The offender recognised a possibility of;
A. Their actions bringing about a proscribed result
B. The proscribed conditions existed and;
2. Regarding these risks, their actions would be unreasonable
Objective/Subjective test
What does R v Waters establish
A wound is a breaking of the skin accompanied by the flow of blood either internal or external.
What does R v Rapana and Murray establish
A disfigurement is a change to a person’s physical figure or appearance, it need not be permanent.
What does DDP v Smith establish?
Grievous amounts to “very serious” harm
What does R v McArthur establish
Bodily harm includes any hurt or injury that interferes with the health or comfort of the victim, it need not be transitory or trifling
What does R v Collister establish
An offender’s intent can be inferred from the circumstances/circumstancial evidence.
What does R v Taisilika establish?
The nature of a blow and the severity of a wound points to the offenders intent at the time.
What does R v Wati establish?
There must be proof an offence occurred or was attempted by the person committing an agg wounding or another party involved in the offence.
What does R v Tihi establish?
Alongside the legislative requirements for agg wounding, an offender must have the intent or recklessness in their actions.
What does R v Sturm establish?
Stupefy means to cause an effect on the mind or nervous system of a person that really seriously affects mental or physical control
What does R v Crossan establish?
“Incapable of resistance” includes a powerlessness of will as well as physical incapacity
What does R v Lapier establish?
Robbery complete the instant property is taken, even if the robber only possesses it temporarily.
What does R v Skivington establish?
Claim of right is a defence to theft and therefore robbery
What does R v Peat establish?
A robber immediately returning goods does not make them innocent.
What does R v Maihi establish?
There must be a nexus between the act of stealing and a threat of violence, they need not be contemporaneous.
What does R v Bentham establish?
A person’s hands or fingers are not constituted as “things”
What does R v Joyce establish?
It must be established that at least two people were physically present when a robbery or the assault occurred.
What does R v Archer establish?
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
