What is the R v Taisilika?
The nature of a blow and the severity of the wound point to the necessary intent.
Intoxication or lack of memory to an event does not point to a lack of intent at the time
What is found in R v Collister?
The surrounding circumstances to an offence point to the intent
What is found in R v Waters?
A wound is the breaking of the skin accompanied by the flow of blood
What is found in DPP v Smith
Grievous bodily harm is harm that is very serious, bodily harm needs no explanation
What is found in R v Rapana and Murray
A disfigurement is the alteration of the physical appearance, it need not be permanent.
What is found in Cameron v R
Recklessness is established if the Defendant knew of the proscribed result, knew the circumstances existed and continued to take the risk unreasonably.
What is found in R v Tipple
Reckless means knowing of risk and acting anyway
What is found in R v Sturm?
- It is not necessary to prove the intended crime was committed.
- To stupefy is to cause an effect on the mind or nervous system of a person or interfere with the person’s mental or physical ability to act.
What is found in R v Wati?
There must be proof of the commission or attempt by the person committing the assault or person fleeing.
What is found in R v Tihi
2 fold prosecution test:
- Intent to commit the imprisonable offence
- Intent to cause or reckless to the harm caused.
What is found in r v Crossan?
- incapable of resistance includes powerlessness of will as well as physical incapacity
- Take away and detained are separate and distinct offences
What is found in R v Hunt
It is not necessary the person harmed was the intended target, the general malice is sufficient.
The extent of an injury is immaterial, it is important to establish the intent behind the injury.
What is found in R v DONOVAN
Injures means to cause bodily harm
What is found in R v Mwai
GBH is not limited to immediate harmful consequences of an offenders actions. Steady, relentless progression of a disease leading to death suffices
What is found in R v Bentham?
The body or its digits do not constitute a “thing” in regards to a weapon or instrument
What is found in R v Lapier?
Robbery is complete the moment an item is taken, even if only brief
What is found in R v Skivington?
A claim of right defence to theft is a claim of right defence to robbery
What is found in R v Pekepo?
A reckless discharge of a firearm in the direction of a bystander (who is hit) is not sufficient to prove intent.
What is found in R v Swain?
Purposefully removing a firearm from a bag after being called upon by a Constable amounts to a use of that firearm.
What is found in Fisher v R?
An offender knew that someone was trying to arrest or detain them
What is found in R v Wellard?
- Taking away is the loss of liberty of a victim and taking them away from where they want to be
What is found in r v Pryce?
Detention is a continuous and active concept - To keep in confinement or custody
What is found in R v Cox?
Consent must be free full voluntary and informed and must not be obtained by fraud or duress
What is found in Owen v Residential Health Management Unit
- Bodily harm may include psychiatric injury but does not include mere emotions, hysteria or a nervous condition.
- Bodily harm in s188 CA61 includes really serious psychiatric injury identified as such by specialist evidence
