Case Law - General

Question 1

R v Collister

Answer 1

Intent

Circumstantial evidence from which an offender’s intent can be inferred can include:
The offender’s actions and words before, during, and after the event.
The surrounding circumstances.
The nature of the act itself.

Question 2

Cameron v R

Answer 2

Recklessness

Recklessness is established if:
a) the defendant recognised that there was a real possibility:
i) his or her actions would bring about proscribed result; and/or
ii) that the proscribed circumstances existed; and
b) having regard to that risk those actions were unreasonable.

Question 3

R v Tipple

Answer 3

Recklessness

Recklessness requires that the offender know / has a conscious appreciation of the relevant risk and requires “a deliberate decision to run the risk.”

Question 4

R v Harpur

Answer 4

Attempts

Conduct may be viewed cumulatively up to the point when it stops and may be considered in its entirety.

Considering how much remains to be done is always relevant, though not determinative.

Question 5

R v Harpur

Answer 5

Attempts

Conduct may be viewed cumulatively up to the point when it stops and may be considered in its entirety.

Considering how much remains to be done is always relevant, though not determinative.