Case Law

Question 1

Cameron v R

Answer 1

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

R v Archer

Answer 2

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

Question 3

R v Morely

Answer 3

“Loss…is assessed by the extent to which the complainants position prior to the (offence) has been diminished or impaired.

Question 4

R v Collister

Answer 4

Circumstantial evidence from which an offenders intent may be inferred can include:

• The offenders actions and words before, during and after the event, the surrounding circumstances, the nature of the act itself.

Question 5

R v Wilson

Answer 5

Tenancy of a property constitutes an interest in it.

Question 6

Simester and Brookbanks

Answer 6

Knowing means “Knowing or correctly believing”. The Defendant may believe something wrongly, but cannot ‘know’ something that is false.