Case Law

Question 1

Define interest with relevant case law:

Answer 1

R v WILSON: Tenancy of a property can mean interest.

Question 2

Simester and Brookbanks (Knowledge)

Answer 2

“Knowing means knowing or correctly believing.” The defendant may believe something wrongly but cannot “know” something that is false.

Question 3

R v Archer (damage)

Answer 3

Damage includes permanent or temporary physical harm or permanent or temporary impairment of its use or value.

Question 4

Cameron V R (Recklessness)

Answer 4

Recklessness is established if:

(a) The defendant recognised 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.

Question 5

What parts of Cameron v R are subjective/objective?

Answer 5

Part (a) is completely subjective, and part (b) is subjective AND objective

Question 6

R v COLLISTER: - Intent

Answer 6

Circumstantial evidence from which an offender’s intent may be inferred:
The offenders actions and words before, during or after the event.
The surrounding circumstances.
The nature of the act itself.

Question 7

R v MORLEY: - Loss

Answer 7

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