Case Law

Question 1

R v Harney

Answer 1

Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that consequence complained of could well happen together with an intention 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 of its use or value

Question 3

R v Morley

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 Harper

Answer 4

The court may have regards to the co duct 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