Liability Definitions

Question 1

Intentionally

Answer 1

Intent to commit a deliberate act, more then accidental to achieve a specific result.

R v Collister- intent could be inferred from the offenders circumstances, can include actions and words before, during or after, surrounding circumstances, nature of the act.

Question 2

Recklessly

Answer 2

Definition: conscious and deliberate taking of unjustified risk.

Cameron v R- defendant recognised that real possibility his/her actions bring proscribed result and proscribed circumstances existed. Having regard to that risk, actions were unreasonable.

R V Tipple- offender knows or conscious appreciation of the relevant risk. Deliberate decision to run the risk.

Prove Recklessness- Subjective and Objective Test
Subjective- Defendant consciously and deliberately ran a risk

Objective- Risk was unreasonable as they were known to the defendant.

Question 3

Damages by fire

Answer 3

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

Fire: Combustion fuel, oxygen and heat.

Question 4

Explosive

Answer 4

substance/s or mixture which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion.

Question 5

Any property

Answer 5

Includes any real or personal property. Damaged property belongs to another person

Question 6

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

Answer 6

Subjective and objective test
What was the defendant thinking at the time?
Would a reasonable person have thought the same in the circumstances?

Question 7

Without claim of right

Answer 7

Without belief at the time of the act in a proprietary or possessory right to property

Nature of Belief- 4

1. Proprietary or Possessory Right
2. Property in relation to which offence committed
3. Belief at time of conduct
4. Belief must actually be held.

Question 8

Any immovable property or vehicle

Answer 8

Includes any real or personal property. Damaged property belongs to another person. Immovable- fixed in place.

Vehicle
As per Sec 2 LTA.

Question 9

Intent

Answer 9

Intent to commit a deliberate act, more then accidental, to achieve a specific result.

R v Collister- intent could be inferred from the offenders circumstances, can include actions and words before, during or after, surrounding circumstances, nature of the act.

Question 10

Obtain

Answer 10

Obtain or retain for himself or other- S2

Question 11

Benefit

Answer 11

267(4)

Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

Question 12

Loss

Answer 12

R v Morley

Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.

Question 13

In which that person has no interest.

Answer 13

Tenancy is Interest.

Question 14

With reckless disregard for the safety of any other property

Answer 14

Recklessly-
Definition: conscious and deliberate taking of unjustified risk.

Cameron v R- recognised, real possibility his/her actions bring proscribed result and proscribed circumstances exist. Actions were unreasonable.

R V Tipple- offender know of, conscious appreciation of the relevant risk. Deliberate decision to run the risk.

Prove that defendant intended to damage some property, recognising that there was a risk of damaging other property as a consequence, proceeded regardless.

Question 15

Attempts

Answer 15

S72
Having the intent to commit an offence, does or omits an act for the purpose of accomplishing his object is guilty of an attempt.

To be Guilty of an attempt to commit:
. Intend to commit offence 

. Take a real and substantial step towards achieving the aim 


Question 16

Sufficiently Proximate

Answer 16

R v Harpur -
Court may have regard to the conduct up to the point when the conduct stops Defendants conduct may be considered in its entirety. How much remains to be done is always relevant but not determinative. 


Question 17

Destroys or Damages Any property

Answer 17

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

Property – S2
Includes any real or personal property. Damaged property belongs to another person