ARSON OFFENCES Case law

Question 1

R v Mohann

Answer 1

Intent - Intent involves a decision to bring about in so far as it lies within the accused power, the commission of the offence.

Question 2

R v Waaka

Answer 2

Intent - A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act.

Question 3

R v Harney

Answer 3

Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.

Question 4

R v Archer

Answer 4

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

Question 5

Simester and Brookbanks

Answer 5

Knowledge - Knowing means knowing or correctly believing. The defendant may believe something wrongly, but cannot know something that is false.

Question 6

R v Harney

Answer 6

Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.

Question 7

R v Morley

Answer 7

Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.

Question 8

R v Crooks

Answer 8

Knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence. Mere suspicion of their involvement in the offence is not sufficient.

Question 9

R v Wilson

Answer 9

Tenancy of a property constitutes an interest in it.