Case Law Flashcards
R v Harney
Recklessness involves “foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the 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
R v Mohan
Intent involves “a decision to bring about, in so far as it lies within the accused’ power, the commission of the offence”.
R v Waaka
A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”.
R v Wilson
It is well established a tenancy is an interest in land… Where, as here, the Crown alleges that damage by fire has been caused recklessly and the person charged is a tenant of the property (or holds another qualifying interest) then, in the absence of any aggravating features, that person cannot be convicted of arson.
R v Harpur
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.
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.
R v Tipple
As a general rule “recklessness” is to be given the subjective meaning…. which requires that the accused had a conscious appreciation of the relevant risk.
R v Campbell
….the appropriate test to apply is that it is possession of foresight that injury will result that must be proved.
R v Morley
“Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired”.
C.O.A held that criminality could only arise from direct loss; indirect losses such as expectation loss (loss of a bargain) and loss of anticipated future profits are not included.
Police v Wylie
….the conduct of the defendants in this case had definitely reached a stage where it amounted to a real and practical step towards the actual commission of the crime rather than mere preparation… (drug purchase)
R v Harpur
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.
