Case Law

Question 1

Cameron v R

Answer 1

Recklessness is established if:

a) the defendant recognised that there was a real possibility that (i) his or her actions would bring about the proscribed result; and/or (ii) that the proscribed circumstances exist;
(subjective test - what was the defendant thinking?)

and

b) having regard to that risk those actions were unreasonable
(subjective and objective - what would a reasonable and prudent person have thought in the circumstances?)

Question 2

R v Archer

Answer 2

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

Question 3

R v Morley

Answer 3

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

Question 4

R v Harpur

Answer 4

Attempts - ‘sufficiently proximate’ - sufficient evidence of intent prior to offence

Conduct may be viewed cumulatively up until the point when the conduct in question stops or it may be considered in its entirety.