Definitions and Caselaw

Question 1

Intent

Answer 1

Deliberate act and intent to produce a specific result

Question 2

Intent-caselaw

Answer 2

R v Collister
Intent may be inferred by :
-The offenders actions and words before during and after
-The surrounding circumstances
-The nature of the act

Question 3

Recklessly

Answer 3

Conscious and deliberate taking of an unjustified risk

Question 4

Reckless-caselaw

Answer 4

Cameron v R
The defendant knew the actions would bring about a proscribed result
the prescribed circumstances existed and having regard to that risk those actions were unreasonable .

RV tipple
A deliberate decision to run the risk

Question 5

Without claim of right

Answer 5

A belief at the time of the act in proprietary or possessory right to the Property

Question 6

Damages by fire

Answer 6

Burning or charing doesn’t have to be set alight. Melting blistering of paint or smoke damage will suffice.

Question 7

Caselaw-Damage

Answer 7

R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its value or use .

Question 8

Explosive

Answer 8

Substance or mixture capable of decomposition at a rapid rate that results in an explosion . includes gunpowder dynamite ammunition

Question 9

Property

Answer 9

Includes real or personal property any estate or interest in any real or personal property

Question 10

Immovable Property

Answer 10

If it is currently fixed in place in unable to be moved. However can be made movable.

Question 11

Vehicle

Answer 11

Equipped with wheels tracks or revolving runners which it moves on

Question 12

Ship

Answer 12

Any description of a vessel used in navigation

Question 13

Aircraft

Answer 13

Machine that derives support from the air

Question 14

Knows or ought to know

Answer 14

Simester and Brookbanks -Correctly believing

Question 15

Danger to life

Answer 15

Danger must be someone elses life and is human

Question 16

Obtain

Answer 16

Obtain or retain for himself or another

Question 17

Benefit

Answer 17

S269(4) -means any benefit, Pecuniary advantage, privilege, property, service or valuable consideration.

Question 18

Cause loss

Answer 18

R v Morely -Loss is assessed by the extent of which the complainant’s position prior to theoffence has been diminished or impaired.

Question 19

Person

Answer 19

Proven by judicial notice and circumstantial evidence.
Cause loss to organisation which is a person under wider definition.

Question 20

What is needed by prosecution to prove providing explosives to commit a crime section 272 crimes act 1961?

Answer 20

RVHallam-it must be proof that the offender knowingly had the substance in his possession and also knew that substance to be an explosive.

Question 21

Proving recklessness

Answer 21

1. Defendant Consciously and deliberately ran a risk
2. The risk was the one that was unreasonable to take in the circumstances as they were known to the defendant.