Case Law

Question 1

R v archer

Answer 1

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

Damage can involve burning charring melting blistering of paint or significant smoke damage.

Question 2

R v harney

Answer 2

Recklessness means the conscious and deliberate taking of an unjustified risk. It involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.

Question 3

R v Morley

Answer 3

Loss Is accessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.

Question 4

R v Harper

Answer 4

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant though not determinative.