Caselaw and definitions:

Question 1

Intentionally:

Answer 1

Intent to commit a deliberate act or omission, with intent to get a specific result.
Must be more than involuntary or accidental

Question 2

R v Collister

Answer 2

Defendants intent can be inferred from:

• Words or action before, during or after
• The nature of the act itself
• The surrounding circumstances

Question 3

Cameron V R

Answer 3

Recklessness is establish 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

Question 4

R v Tipple

Answer 4

Recklessness

Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires “a deliberate decision to run the risk”

Question 5

Damages by fire

Answer 5

Damage can be paint blistering, melting, charring and smoke damage. Property does not need to be set alight

Question 6

R v Archer

Answer 6

Property is damaged if it suffers temporary or permanent physical harm or impairment of use or value

Question 7

Fire:

Answer 7

Fire is a chemical reaction between oxygen and fuel triggered by heat. Reaction produces light and heat.

Question 8

Explosive:

Answer 8

Any substance or mixture that in it’s normal state is capable of decomposition at such a rapid rate that it creates an explosion or pyrotechnic effect

Question 9

If he knows or ought to know that danger to life is likely to ensue:

Answer 9

Knowing: Simister and Brookbanks - knowing or correctly believing

Danger to life must be human and someone other than defendant

Question 10

Without claim of right

Answer 10

Claim of right s2 CA 1961

Belief in a possessory or proprietary right

Question 11

Any immovable property:

Answer 11

Property that is fixed in place and unable to be moved, even if it is possible to make it move

Question 12

Vehicle:

Answer 12

Any contrivance equipped with wheels, tracks or revolving runners in which it moves

Question 13

Ship:

Answer 13

s2 CA 1961 - Any vessel used in navigation, however propelled

Question 14

Aircraft:

Answer 14

s2 CA 1961

Any machine that can derive support from the atmosphere

Question 15

R v Wilson

Answer 15

Tenancy constitutes an interest

Question 16

R v Morley

Answer 16

Loss is assessed by the extent to which the complainants position prior to the offence has been impaired or diminished

Question 17

Obtain:

Answer 17

S217 CA 1961

Obtain or retain for himself or some other person

Question 18

Attempts:

Answer 18

S72 CA 1961

With intent to commit the full offence, does or omits any act for the purpose of accomplishing his aim

Question 19

R v Harpur

Answer 19

Conduct to be viewed cumulatively up until the point where the conduct in question stops.
Defendants actions to be looked at in their entirety, what is left to be done is always relevant but not determinative

Question 20

Simester and Brookbanks

Answer 20

knowing and correctly believing…the defendant may believe something wrongly but cannot know something that is false