Case Law

Question 1

R v Mohan

Answer 1

A decision to bring about, in so far as it lies within the accused’s power, the commission of the offence …

Question 2

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

R v Harney

Answer 3

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

Question 4

R v Archer

Answer 4

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

Question 5

R v Morley

Answer 5

Loss … is assessed by the extent to which the complainant’s position prior to the [offence] has been diminished or impaired.

Question 6

R v Hallam

Answer 6

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.