Arson Flashcards
(6 cards)
Arson requires proving what?
Hint: Three points
Either started fire intentionally or recklessly
Damage to property or life
Damage caused by fire or explosives
Explain R v Archer
Hint: Permanent or temporary damage
Property maybe damaged if it suffers permanent or temporary physical harm or temporary impairment in its use of value.
What are the three legal types of arson?
Danger to life s267(1)(a)
Property no interest s267(1)(b)
Benefit/Cause loss s267(1)(c)
What is the definition of fire?
Hint: Triangle of fire
Fire is the result of combustion, a chemical reaction between fuel, oxygen triggered by heat.
Explain R v Smith
Hint: has to be third party
Danger to life should be another person other than the fire starter.
Explain R v Morley
Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.