Case Law

Question 1

R v Archer

Answer 1

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

R v Archer ​

Question 2

R v Cameron

Answer 2

Cameron v R
Recklessness is established if:

(a) the defendant recognised that there was a real possibility that:

1 his or her actions would bring about the 
    proscribed result; and/or
2 that the proscribed circumstances existed; 

and

(b) having regard to that risk those actions were unreasonable.

Question 3

R v Morely

Answer 3

Criminality could only arise from direct loss….​

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

“[The Court may] have regard to the conduct viewed cumulatively up to the point
when the conduct in question stops …the defendant’s conduct [may] be
considered in its entirety. Considering how much remains to be done … is always
relevant, though not determinative.”