Case Law Flashcards
Cameron v R
Recklessness is established if:
a.) the defendant recognised that there was a real possibility that:
i.) their actions would bring about the proscribed result AND
ii.) the proscribed circumstances existed AND
b.) having regard to the risk those actions were unreasonable
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.
R v Harpur
The court may have regard to the conduct viewed cumulatively up to the point where 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.
R v Morley
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.
