Arson Flashcards
R v Mohan
Intent involves “a decision to bring about in so far as it lies within the accused’s power, the commission of the offence”
R v Waaka
“A fleeting of Passing thought” is not sufficient, there must be a “firm intent of a firm purpose to effect an act”
R v Harney
Recklessness involves “Foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.”
R v Morley
“loss… is assessed by the extent to which the complainant position prior to the (offence) has been diminished or impaired”
R v Archer
Property maybe damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value
R v Harpur
“(the court may) have regard to the conduct viewed cumulatively up to the point when the conduct in question stops… the defendants conduct (may) be considered in it entirety. considering how much remains to be done… is always relevant, though not determinative).