Arson Flashcards
Arson
S267(1)(a) CA 1961
- Ingredients
DANGER TO LIFE
- Intentionally OR Recklessly
- Damages by fire OR Damages by means of any explosive
- Any property
- If he or she knows or ought to know that Danger to Life is likely to ensue
Arson
S267(1)(b) CA 1961
- Ingredients
PROPERTY
- Intentionally OR Recklessly
- Without claim of right
- Damages by fire OR damages by means of any explosive
- Any immovable property OR vehicle OR ship OR aircraft
- In which that person has no interest
Arson
S267(1)(c) CA 1961
- Ingredients
BENEFIT
- Intentionally
- Damages by fire OR damages by means of any explosive
- Any immovable property OR vehicle OR ship OR aircraft
- With intent
- To obtain any benefit OR cause loss to any other person
What is Intent
- in criminal law context
There must be an intention:
- to commit a deliberate act, and
- to get a specific result
Proving intent
Circumstantial evidence from which an offenders intent can be inferred can include:
- the offenders actions and words before, during and after
- the surrounding circumstances
- the nature of the act itself
R V COLLISTER
Recklessness
- Definition
Involves the conscious and deliberate taking of an unjustified risk.
While it is necessary to prove the defendant foresaw the risk of injury to others,
it is not necessary that he recognised the extent of the injury that would result.
Reckless
- Case Law
R V TIPPLE
A conscience appreciation of the relevant risk and the deliberate decision to run the risk.
CAMERON V R
Recognises there’s a real possibility that
their actions would bring about the prescribed result and/or
that the proscribed circumstances existed and
those actions were unreasonable.
Any reasonable person would see it was unreasonable
Damages by fire
- definition
Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight.
Property may be damaged if it suffers temporary or permanent physical harm or temporary or physical impairment of it’s value.
R V ARCHER
Fire
- definition
A chemical reaction between fuel and oxygen, triggered by heat.
Explosive
- definition
Any substance or mixture or combination of substances which in its normal state is capable of rapid rate decomposition resulting in an explosion or pyrotechnic effect, and includes
- gunpowder
- nitroglycerine
- flares
- rockets
- ammunition
A molotov cocktail IS NOT AN EXPLOSIVE.
Property
- definition
Any real or personal property, tangible or intangible
Immovable Property
- definition
Property that is currently fixed in place and unable to be moved, even though it may be possible to make it movable.
Knows or Ought to know
- definition
“Knowing or correctly believing”
The belief must be a correct one, where the belief is wrong a person cannot know something.
SIMESTER AND BROOKBANKS
Danger to life
- definition
Life in this context means human life and the danger must be to the life of someone other than the offender.
Without claim of right
- definition
There must be no belief at the time that they had a proprietary or possessory right to the property in the circumstances.
