Caselaw Flashcards
Cameron v R
Recklessness is established if:
(a) The defendant recognised that there was a real possibility that:
(i) His or her actions would bring about the proscribed result; and/or
(ii) That the proscribed circumstances existed; and
(b) Having regard to that risk those actions were unreasonable
What is the caselaw in relation to recklessness?
Cameron v R
Recklessness is established if:
(a) The defendant recognised that there was a real possibility that:
(i) His or her actions would bring about the proscribed result; and/or
(ii) That the proscribed circumstances existed; and
(b) Having regard to that risk those actions were unreasonable
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment to its use or value.
What is the caselaw defining damage?
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment to its use or value.
R v Harpur
[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.
What is the caselaw in relation to cumulative actions done prior to an offence?
R v Harpur
[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
Loss… is assessed by the extent to which the complainant’s position prior to the [offence] has been diminished or impaired.
Which caselaw discusses loss?
R v Morley
Loss… is assessed by the extent to which the complainant’s position prior to the [offence] has been diminished or impaired.
