Case Law

Question 1

Cameron V R

Answer 1

Recklessness is established if:
- the defendant recognised that there was a real possibility that his actions would bring about the proscribed result.
- the proscribed circumstances existed.
Having regard to that risk his actions were unreasonable.

Question 2

R v Archer

Answer 2

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

Question 3

R v Collister

Answer 3

Intent can be inferred by:
The offenders actions and words before, during and after the event.
- the surrounding circumstances.
- the nature of the act itself.

Question 4

R v Smith

Answer 4

Common sense requires that danger to life should be interpreted as “danger to the life of some person other than the setter of the fire”

Question 5

R v Morley

Answer 5

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

Question 6

R v Harpur

Answer 6

An attempt includes an act or admission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.

Question 7

R v Wilson

Answer 7

Tenancy in a property constitutes an interest in it.