Case Law

Question 1

R v Collister

Answer 1

circumstantial evidence from which an offenders intent can be inferred

1. offenders actions words before during and after
2. the surrounding circumstances
3. the nature of the act itself

Question 2

Cameron v R

Answer 2

Recklessness is established if the defendant recognised that there was a real possibility that his or her actions would being about the proscribed result, and, the proscribed circumstances exist, and having regard to that risk those actions were unreasonable.

Question 3

R v Tipple

Answer 3

as a general rule recklesness is to be given the subjective meaning. this requires that the offender knows of, or has a conscious appreciation of the relevant risk, and it requires a deliberate decision to run the risk.

Question 4

R v Archer

Answer 4

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

Question 5

R v Morley

Answer 5

Loss … is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.

Question 6

R v Harpur (attempt)

Answer 6

an attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.

Question 7

R v Harpur (sufficiently proximate)

Answer 7

The court may have regard to the conduct viewed cumulatively up to the point when 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 8

R v Hallam

Answer 8

on a charge of knowingly having possession of an explosive substance, it must be proved that the offender knowingly had the substance and also that he knew it to be an explosive substance