Case Law

Question 1

Cameron v R

Answer 1

Recklessness is established if:
- (a) The defendant recognised that there was a real possibility that (SUBJECTIVE)
(i) his or her actions would bring about the prescribed result AND/OR
(ii) that proscribed circumstances existed AND
- (b) having regard to that risk, those actions were unreasonable (SUBJECTIVE and OBJECTIVE)

Question 2

R v Morley

Answer 2

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

Question 3

R v Harpur

Answer 3

The court may have regard to the conduct viewed cumulatively up ot 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 4

R v Archer

Answer 4

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

Question 5

R v Collister

Answer 5

Circumstantial evidence from which an offenders intent can be inferred include

• The offenders actions and words before, during and after the event
• the surrounding circumstances
• the nature of the act itself