Arson

Question 1

Intent defined

Answer 1

R v Mohan - Intent is a decision to bring about, in so far as it lies within the accused’s power, the commission of an offence.

Question 2

Recklessness

Answer 2

R v Harney - Recklessness involves foresight of dangerous consequences that could well occur, together with an intention to continue with the course of conduct regardless of the risk.

Question 3

Intent requirement

Answer 3

R v Waaka - A fleeting or passing though is not sufficient. There must be a firm intent or a firm purpose to effect an act.

Question 4

Attempts

Answer 4

R v Harpur - The court may have regard to the conduct viewed cumulatively up until the point the conduct in question stops. The defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant, though not determinative.

Question 5

Cause Loss

Answer 5

R v Morley - Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.

Question 6

Damages

Answer 6

R v Archer - Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.