Case Law - General

Question 1

R v Collister

Answer 1

Intent

Circumstantial evidence from which an offender’s intent can be inferred can include:
The offender’s actions and words before, during, and after the event.
The surrounding circumstances.
The nature of the act itself.

Question 2

Cameron v R

Answer 2

Recklessness

Recklessness is established if:
a) the defendant recognised that there was a real possibility:
i) his or her actions would bring about proscribed result; and/or
ii) that the proscribed circumstances existed; and
b) having regard to that risk those actions were unreasonable.

Question 3

R v Tipple

Answer 3

Recklessness

Recklessness requires that the offender know of, or has a conscious appreciation of the relevant risk, and it may be said that it requires “a deliberate decision to run the risk”.