Case Law

Question 1

RECKLESSLY R v HARNEY

Answer 1

Involves actual foresight by the accused of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.

Question 2

INTENT R v WAAKA

Answer 2

A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act.”

Question 3

INTENT R v MOHAN

Answer 3

Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence…”

Question 4

DAMAGES BY FIRE R v ARCHER

Answer 4

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

Question 5

ATTEMPT R v HARPUR

Answer 5

The Court may “have regard to the conduct 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.”