Caselaw

Question 1

R V Mohan

Answer 1

Intent - involves a decision to bring about, so far as lies with in the accused power, the commission of the offence

Question 2

R V Waaka - intent

Answer 2

A fleeting or passing thought is insufficient. There must be a firm intent or a firm purpose to affect an act

Question 3

R V Archer

Answer 3

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

Question 4

R V Wilson

Answer 4

Tenancy of a property constitutes an interest in it

Question 5

Cameron V R

Answer 5

Recklessness is established if:
A) the defendant recognised There was a real possibility that
- his actions would bring about a prescribed result or
- that the prescribed circumstances existed and
B) having regard to the risk those actions were unreasonable

Question 6

R V Hallam

Answer 6

Possession of explosives
1) knowingly had the substance in his possession
2) knew it to be an explosive substance

Question 7

R V Tipple

Answer 7

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 8

Simister & Brookbanks

Answer 8

“Knowing or correctly believing”

The defendant may believe something wrongly but they cannot know something that is false.