Case Law

Question 1

R v COLLISTER

Answer 1

Intent inferred from the circumstance - the defendants actions and words before, during or after the event, the surrounding circumstance and the nature of the act itself.

Question 2

Cameron v R

Answer 2

Recklessness is established if - the defendant recognized that their actions would bring about the proscribed result and/or the circumstances existed. Having regard to that risk those actions were unreasonable.

Question 3

R v Archer

Answer 3

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

Question 4

R v MORLEY

Answer 4

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

Question 5

R v HARPUR

Answer 5

Conduct may be viewed cumulatively up to a point when the conduct in question stops. The defendants conduct may be considered in its entirety. How much remains to be done is relevant, though not determinative.