Arson Case Law

Question 1

Cameron v R

Answer 1

Recklessness.

Established if the following is met.

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) the proscribed circumstances existed; and

b) having regard to that risk those actions were unreasonable

Question 2

R v Morley

Answer 2

Cause Loss..

Assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.

Question 3

R v Archer

Answer 3

Damage To Property..

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

Question 4

R v Harpur

Answer 4

Outlines that: Independent acts, when viewed in isolation, can be construed as preparatory. When the same acts are viewed collectively, they can take on a different context and therefor amount to a criminal attempt.

Question 5

R v Tipple

Answer 5

Recklessness requires 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”.