Case Law

Question 1

R V HARNEY

Answer 1

Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proving that the consequence complained of could well happen together with an intent to continue the course of conduct regardless of the risk.

Question 2

R V ARCHER

Answer 2

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

Question 3

R V MORELY

Answer 3

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

Question 4

R V HARPUR

Answer 4

The court may have regard to the conduct viewed cumulatively up to the point where 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.