Case Law

Question 1

Recklessness

Answer 1

R v Harney - Conscious and deliberate taking of an unjustified risk. Involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk

Question 2

Damages by fire

Answer 2

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.

Question 3

Cause loss

Answer 3

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

Question 4

Attempts

Answer 4

R v Harpur - 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.

Question 5

Possession of explosives

Answer 5

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.