Arson Flashcards
(23 cards)
Elements of arson - danger to life
s267(1)(a) CA61
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
Elements of arson - property - no interest
s267(1)(b)
Intentionally OR recklessly
Without claim of right
Damages by fire OR damages by means or any explosive
Any immovable property OR vehicle OR ship OR aircraft
In which that person has no interest
Elements of arson - cause loss / obtain benefit
s267(1)(c) CA61
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
Remaining elements of arson
(2)(a)
Intentionally or recklessly, and without claim of right, damages by fire or by means of any explosive any property in which that person has no interest (other than property referred to in subsection (1); or
(2)(b)
Intentionally or recklessly
Damages by fire or by means of any explosive
Any property (other than property referred to in subsection (1) with intent to obtain any benefit, or with intent to cause loss to any other person
(3) Intentionally damages by fire or by means of any explosive any property with reckless disregard for the safety of any other property
Case law regarding intent
R v Collister
Circumstantial evidence from which an offender’s intent may be inferred can include
- the offender’s words or actions said before, during and after the event
- the surrounding circumstances
- the nature of the act itself
Definition of recklessly
Conscious and deliberate taking of an unjustified risk
Case law regarding reckless (x2)
Cameron v R
Recklessness is established if
(a) the defendant recognised that there was a real possibility that
- his or her actions would bring about the proscribed result
- that the proscribed circumstances existed
(b) having regard to that risk those actions were unreasonable
R v Tipple
Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires a ‘deliberate decision to run the risk’
Two elements required to prove damage
- Damage
- That the damage was caused by fire or explosive
Case law regarding fire damage to property
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
Definition of fire
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat
Definition of explosive (Arms Act)
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect
e.g. gunpowder, dynamite, flares, fuses, rockets, detonators, ammunition, device or contrivance that uses any substance or mixture to produce an explosion
- does not include a firearm
- does not include a firework
Definition of explosive (Hazardous Substances and New Organisms Act 1996)
Capable of sudden expansion owing to a release of internal energy; and includes the capability to generate -
deflagration; or
pyrotechnic effects
Definition of property
Real and 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
Knows or ought to know danger to life - test
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?
Case law - danger to life
R v Smith
Common sense requires that danger to life should be interpreted as ‘danger to the life of some person other than the setter of the fire’
Definition of likely to ensue
Merely has to know that there is a chance, or a risk, of danger to life
Definition of claim of right
A belief at the time of the act in a proprietary or possessory right in property
Definition of vehicle
A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved
Definition of ship
Every description of vessel used in navigation, however propelled
Definition of aircraft
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
Definition of benefit
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration
(advantage, positive impact)
write “to obtain a benefit”
Case law - loss
R v Morley
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired
What do you have to prove with arson?
- Either intentionally or recklessly starts a fire/explosion
- Damage to some property
- Caused by fire or explosives
Plus an aggravating factor - danger to life, cause loss, no interest in property
