ARSON - Definitions

Question 1

Intent + Case Law

Answer 1

Intent

A person does something intentionally if the mean to do it. They desire a specific result and act with the aim or purpose of achieving it. (MOHAN, WAKKA & MOHI).

R v MOHAN

Intent involves a decision to bring about in so far as it lies within the accused’s power, the commission of the offence.

R v WAAKA

A fleeting or passing thought is not sufficient; there must be a firm intent or a firm purpose to effect an act.

R v MOHI

Offence is commited at the time of the taking away, so long as there is at the moment the necessary intent. Crown does not need to show that the intent was carried out.

Question 2

Recklessness + Case Law

Answer 2

Recklessness

A conscious and deliberate taking of an unjustifiable risk.

R v HARNEY

Foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.

Question 3

Damages by Fire + Case Law

Answer 3

Although fire damage often involves burning or charring, it is not necessarily that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient.

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 4

Danger to Life

Answer 4

Danger to Life

“Life” in this context means human life, and the danger must be to the life of someone other than the defendant.

Question 5

Explosive

Answer 5

Explosive – Section 2, Arms Act 1983

Any substance or mixture or combination of substances which in its normal state is capable of either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect.

Includes - Gun powder, gel ignite & detonators

Does not include - Firearms or fireworks

Question 6

Property

Answer 6

Property - Section 2 Crimes Act 1961

Includes any real or personal property, and any estate or interest in any real or personal property (money/electricity), and any debt, and any thing in action, and any other right or interest.

Question 7

Knows or Ought to know

Answer 7

Knows or Ought to know

The fact that the defendant knowingly puts another persons life at risk is an aggravating factor that brings the offending within s267(1) CA61.

Simester and Brookbanks: Principles of Criminal Law

Knowing means “correctly believing.” The defendant may believe something wrongly but cannot “know” something that is false.

This provision involves a mixed subjective/objective test as to the defendant’s degree of knowledge.

Subjective Test - what was the defendant thinking at the time? Did the defendant know that human life was likely to be endangered by his actions?

Objective Test - what would a reasonable person have thought in the same circumstances? Would a reasonable person have recognised the risk?

Question 8

Claim of Right

Answer 8

Claim of Right - Section 2 Crimes Act 1961

In relation to any act means a belief at the time of the act, in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 9

Immovable Property

Answer 9

Immovable Property

Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable.

In general, it relates to buildings and land and things growing on land, such as forests.

Question 10

Vehicle

Answer 10

Vehicle - Section 2 LTSA1998

A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.

Question 11

Ship

Answer 11

Ship - Section 2, Crimes Act 1961

Any vessel used in navigation, however propelled and includes any barge, lighter, dinghy, raft, or like vessel and also includes any ship belonging to or used as a ship of the armed forces of any country.

Question 12

Aircraft

Answer 12

Aircraft - Section 2 Civil Aviation Act 1990

means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth

Question 13

Interest

Answer 13

Interest

No claim or interest in property.

Question 14

Obtain

Answer 14

Obtain - Section 217, Crimes Act 1961

In relation to any person means to obtain or retain for himself/herself or for any other person.

Question 15

Benefit

Answer 15

Benefit - Section 267(4) Crimes Act 1961

Means any benefit, pecuniary advantage, privilege, property, service, valuable consideration.

Question 16

Cause Loss

Answer 16

Cause Loss

Criminality can only arise from direct loss; indirect losses such as expectation loss (loss of a bargain) and loss of anticipated future profits are not included.