Arson - Case Law

Question 1

R v COLLISTER - Intent

Answer 1

Circumstantial evidence from which and offenders intent may be inferred can include:
-The offenders actions and words before, during and after the event.
-The surrounding circumstances.
-The nature of the act itself.

Question 2

CAMERON v R - Recklessness

Answer 2

Recklessness is established if:
a) The defendant recognized that there was a real possibility that:
-his or her actions would bring about the proscribed result and/or
-that the proscriber circumstances existed and
b) Having regard to that risk those actions were unreasonable.

Question 3

R v TIPPLE - Recklessness

Answer 3

Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires a deliberate decision to rung the risk.

Question 4

R v ARCHER - Damage to property

Answer 4

Property may be damaged if it suffers permanent or temporary impairment of its use or value.

Question 5

R v WILSON - Interest in property

Answer 5

Tenancy of a property constitutes an interest in it.

Question 6

MORLEY v R - Cause loss

Answer 6

The loss alleged by the victim must have been induced by, or caused in reliance, upon the deception.
But the deception need not be the only operative factor, so long as it played a material part in occasioning the loss.