Case Law

Question 1

R v Collister

Answer 1

Circumstantial evidence from which an offenders intent may be inferred include:
- the nature of the act itself
- the offenders actions and words before during and after the act
- the surrounding circumstances

Question 2

Cameron v R

Answer 2

Recklessness is established if:
(a) the defendant recognised there was a real possibility that:
- his or her actions would bring about the proscribed result and/or
- the proscribed circumstances existed and
(b) 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 permanent or temporary impairment of its use or 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

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 6

Simester and Brookbanks

Answer 6

Knowing means correctly believing. You can believe something wrongly but you cannot know something that is false.