Arson Case Law

Question 1

Recklessness

Answer 1

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.

Question 2

Damage

Answer 2

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

Question 3

Cause loss

Answer 3

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 4

Sufficiently proximate (attempt)

Answer 4

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.”