case law Flashcards
What was held in R v Collister?
Circumstantial evidence from which an offender’s intent may be inferred can include:
The offender’s actions and words before, during and after the event
The surrounding circumstances
The nature of the act itself
What was held in Cameron v R?
Recklessness is established if:
(a) The defendant recognised that there was a real possibility that:
(i) His or her actions would bring about the proscribed result; and/or
(ii) That the proscribed circumstances existed; and
(b) Having regard to that risk those actions were unreasonable.
What was held in R v Archer?
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
What was said in Simester and Brookbanks in relation to knowing
Knowing means ‘knowing or correctly believing’. The defendant may believe something wrongly but cannot know something that is false.
What was held in R v Morley?
“Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired”.
What was held in R v Harpur?
Conduct may be 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.
What was held in R v Hallam?
On a charge of knowingly having possession of an explosive substance, it must be proved that the offender knowingly had the substance in his possession and also that he knew it to be an explosive substance.
What was held in R v Wilson?
The Court of Appeal ruled that he could not be convicted of arson as his tenancy of the property was an interest in the property, and therefore provided him with a defence.
