Arson Flashcards
Section 267 (1)(a) Crimes Act 1961
(1) Everyone commits arson and is liable to imprisonment for a term not exceeding 14 years who
(a)
- Intentionally OR recklessly
- Damages by fire OR by means of any explosive
- Any property
- If he or she knows OR ought to know that danger to life is likely to ensue
Section 267(1)(b) Crimes Act 1961
(1) Everyone commits arson and is liable to imprisonment for a term not exceeding 14 years who
(b)
- Intentionally OR recklessly
- And without claim of Right
- Damages by fire OR by means of any explosive
- Any immovable property, vehicle, ship or aircraft
- In which that person has no interest
Section 267(1)(c) Crimes Act 1961
(1) Everyone commits arson and is liable to imprisonment for a term not exceeding 14 years who
(c)
- Intentionally
- Damages by Fire OR by means of any explosive
- Any immovable property, vehicle, ship or aircraft
- With intent to obtain any benefit OR to cause loss to another person
Section 267(2)(a) Crimes Act 1961
(2) Everyone commits arson and is liable to imprisonment for a term not exceeding 7 years who
(a)
- Intentionally OR recklessly
- Without claim of right
- Damages by fire OR by means of any explosive
- Any property
- In which that person has no interest (Excluding property referred to in subsections (1))
Section 267 (2)(b) Crimes Act 1961
(2) Everyone commits arson and is liable to imprisonment for a term not exceeding 7 years who
(b)
- Intentionally OR recklessly
- Damages by fire or by means of any explosive
- Any property (Excluding that which falls under subsection (1))
- With intent to obtain any benefit OR cause loss to any other person
Section 267 (3) Crimes Act 1961
(3) Every one is liable to imprisonment for a term not exceeding 5 years who
- Intentionally damages
- By fire OR by means of any explosive
- Any property
- With reckless disregard for the safety of any other property
Section 267 (4) Crimes Act 1961
- What does benefit refer to?
It means any
- Benefit
- Pecuniary advantage
- Privilege
- Property
- Service
- Valuable consideration
Define intent
There are two parts to proving intent.
There must be an intention to commit the act and the intention to get a specific result
Define a deliberate act
This means an act or omission done deliberately. It must be more than involuntary or accidental
Define an “intent to produce a result”
In this context it can mean “Aim, object or purpose”
Who has to prove intent?
The onus to prove intent is on the prosecution to prove an offenders intent beyond reasonable doubt
R v COLLISTER
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
Define reckless
Acting ‘recklessly’ involves consciously and deliberately taking an unjustified risk
Reckless case law
Cameron v R & R v TIPPLE
Cameron v R
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
R v tipple
General rule that ‘recklessness’ is to be given a subjective meaning. It requires the offender know of or have a conscious appreciation of the relevant risk and it may be said that it requires the decision to ‘run the risk’
When recklessness is an element in an offence, the following must be proved:
- That the defendant consciously and deliberately ran the risk (subjective test)
- That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (objective test - based on whether a reasonable person would have taken the risk)
What must the prosecution prove for a charge of arson ?
That the specified property has been ‘damaged’ by fire or explosive as a result of the defendants actions.
What is sufficient when proving damage by fire?
Fire damage often involves burning or charring however it does not need to be 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
What is fire the result of?
The process of combustion - A chemical reaction between fuel and oxygen, triggered by heat.
For a fire to start or continue, fuel, oxygen and heat must be present in the correct proportions.
What happens when fuel is heated to its ignition temperature?
It releases gases which then react with ocean molecules in the air - this results in the release of heat and light energy, and various other by products, which are visible as flames
Section 2 Arms Act 1983
Explosive Definition
Define explosive: Paragraph (a)
(a) Means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect; and