Arson Flashcards
(12 cards)
Danger to Life
Section 267 (1)(a) CA 61
- Intentionally / Recklessly
- Damages by fire / Damages by means of any explosive
- Any property
- That he or she knows or ought to know that danger to life is likely to ensue
Vehicle / Property - No interest
Section 267 (1)(b) CA 1961
- Intentionally / Recklessly
- Damages by Fire / Damages by any explosives
- Any property
- In which they have no interest
Obtain benefit / Cause Loss
Section 267 (1)(c) CA 1961
- Intentionally
- WCOR
- Damages by fire / Damages by any explosives
- With Intent
- To obtain any benefit or cause loss to any person.
Define: Intention
To commit the act AND to get a specific result.
Define: Recklessness
Acting ‘recklessly’ involves the conscious and deliberate taking of an unjustified risk.
Cameron v R
Defendant recognised that there was a real possibility that:
- actions would bring proscribed result
- proscribed circumstances existed
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 required “a deliberate decision to run the risk”
Define: Fire
Damage is not defined - depend on the facts of a specific case and the degree to which property has been changed as a result.
Where a property has been scorched or charred as a result of proximity to a fire.
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or temporary impairment of its use or value.
Define: Fire
Combustion - Chemical reaction between fuel and oxygen, triggered by heat.
R v Smith
Danger to life of some other person other than the setter of the fire.
R v Morely
Morely More Money
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.
