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 prescribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable

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 complainants position prior to the (offence) has been diminished or impaired

Question 4

R v Harpur

Answer 4

(The court) have regard to the conduct viewed cumulatively up to the point where the conduct in question stops .. the defendants conduct (may) be considered in its entirely. Considering how much remains to be done …. Is always relevant though not determinative