Case Law Flashcards
R v Archer
R v Archer [2009] NZCA 543
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
R v Harpur
R v Harpur (2010) 24 CRNZ 909
“[The Court may] have regard to the conduct viewed cumulatively up to the point when the conduct in question stops …the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always
relevant, though not determinative.”
R v Morley
R v Morley [2009] NZCA 618
“Loss … is assessed by the extent to which the complainant’s position prior to the [offence] has been diminished or impaired.”
R v Harney
R v Harney [1987] 2 NZLR 576 (CA)
“Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of the risk.
