Case law Flashcards
Recklessly
R v Harney
R v Harney
Reckless means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequence complained of could well happen together with an intention to continue the course of conduct regardless of risk.
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.
Cause Loss to Any Person
R v Morley
R v Morley
Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired
R v Wilson
Defendant was attempting to manufacture Methamphetamine at his rented property, when the clan lab ignited and the house burnt down.
The court of appeal ruled that he could not be convicted of Arson as the tenancy of the property constitued an interest in that property and was therefore a defence to S267(1)(b)
C v Police
Defendant went to school, lit rubbish bin on fire and then left.
The rubbish bin reignited and burnt down a classroom.
R v Harpur
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 viewed in its entirety. Considering how much remains to be done is always relevant though not determinative
Building explosive - what must prosecution prove?
R v Hallam
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.
