Case Law

Question 1

R v MOHAN (INTENT)

Answer 1

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

Question 2

R v ARCHER

Answer 2

“Property may be damaged if it suffers permanent or temporary physical harm, or permanent or temporary impairment to its use or value”.

Question 3

R v HARPUR

Answer 3

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

Question 4

R v HALLAM

Answer 4

“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.”

Question 5

R v WAAKA (INTENT)

Answer 5

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

Question 6

R v HARNEY

Answer 6

“Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.”

Question 7

R v MORELY

Answer 7

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

Question 8

R v COLLITSER

Answer 8

The demeanour of the prisoner and the circumstances of the case are such that an ordinary reasonable man would understand that a demand for money was being made on him