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CIB Induction July 2019 > Arson > Flashcards

Arson Flashcards

1
Q

What is Crimes Act 1961, Section 267(1)(b)

A

Arson where of the Offender has no interest in a property

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2
Q

Ingredients for Crimes Act 1961, Section 267(1)(b) - Arson where of the Offender has no interest in a property

A
  • Intentionally
  • Recklessly
  • Without claim of right
  • Damages by Fire
  • Damages by any means of explosives
  • Any immovable Property
  • In which the person has no interest
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3
Q

Intentionally

A

Two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

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4
Q

Recklessly

A

Conscious & deliberate taking of an unjustified risk.

HARNEY: Proof consequence could well happen together with intention to continue conduct regardless of risk (subjective) and that it was unreasonable to do so. (objective)

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5
Q

Without claim of right

A

Belief at the time of the act in propriety of possessory right in relation to the property, even though it may be based on ignorance or mistake of fact/law.

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6
Q

Damages by fire

A

Often involves burning or charring, not necessary that the property is actually set alight.
(can also put in this part of the definition but ONLY if it relates to the scenario: melting, blistering of paint or significant smoke damage may be sufficient.)

ARCHER: Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value

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7
Q

Damages by means of any explosive

A

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

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8
Q

Any immovable property or any vehicle, ship or aircraft

A

PROPERTY: includes real and personal property, and any estate or interest in any real or personal property. (ONLY put this last bit in if it relates to the scenario:, …[money, electricity,] and any debt, and an thing in action, and any other right or interest) In this case it doesn’t relate, so only put the first part of the def’n in.)
IMMOVABLE: if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable.
VEHICLE, SHIP OR AIRCRAFT: Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; and Includes a hovercraft, a skateboard, in-line skates, and roller skates;
AIRCRAFT is a machine can derive support in the atmosphere from the reactions of the air

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9
Q

In which that person has no interest

A

Tricky one to discuss as there is no definition, but I would simply say:
INTEREST: not defined by legislation. Tenancy of property constitutes an interest in it. (WILSON)

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10
Q

Knows or ought to know - Think 2 tests

A

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 tests: what would a reasonable person have thought in the same circumstances?

Knowing or correctly believing - Simester & Brookbank
The defendant may believe something wrongly but he can not “know” something to be false

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11
Q

Danger to life

A

Human life, must be someone other defendant.

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12
Q

What is Crimes Act 1961, Section 267(1)(c)

A

Arson with intent to obtain benefit OR Cause loss to any other person

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13
Q

Ingredients for Crimes Act 1961, Section 267(1)(c) - Arson with intent to obtain benefit

A 
•	Intentionally
•	Damages by Fire
•	Damages by any means of explosives
•	Any immovable Property, vehicle ship or aircraft
•	With intent to obtain benefit OR 
        Cause loss to any other person
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14
Q

With intent to obtain benefit

A

Obtain, in relation to any person, means obtain or retain for himself or herself or for any other person.
Benefit, means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

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15
Q

To cause loss to any other person

A

Most cases will involve financial detriment to the victim.

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16
Q

What is Crimes Act 1961, Section 267(1)(a)?

A

Arson with Danger to Life

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17
Q

What are the ingredients to Crimes Act 1961, Section 267(1)(a) - Arson with Danger to Life

A
  • Intentionally
  • Recklessly
  • Damages by Fire
  • Damages by any means of explosives
  • Any immovable Property
  • Knows or ought to know
  • Danger of life
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18
Q

Any property

A

PROPERTY: includes real and personal property, and any estate or interest in any real or personal property. (ONLY put this last bit in if it relates to the scenario:, …[money, electricity,] and any debt, and an thing in action, and any other right or interest) In this case it doesn’t relate, so only put the first part of the def’n in.)

19
Q

Case law - R V ARCHER

A

Property damaged if it suffers temporary/permanent physical harm or impairment of use/value.
(Archer with a flaming arrow)

20
Q

Case law -R v HARNEY

A

Recklessness = the conscious and deliberate taking of an unjustified risk.
Proof the consequence could well happen, together with an intention to continue the course of conduct regardless of risk – AND that this risk was unreasonable to take in the circumstances.

(HAR-NEY - harm someone’s knee – shoot in the direction of someone’s legs, hit them in the knee)

21
Q

Case law -R V MORLEY

A

Loss is assessed by the extent to which the
extent to which the victim’s position prior has been diminished or impaired.
(MORLEY – MORE – MORE MONEY – less money – the victim has suffered loss of money from the arson of their vehicle.)

22
Q

Case law - R v HARPUR

A

Conduct viewed cumulatively up to the point when the conduct in question stops.
Defendant’s conduct may be considered in its entirety. (How much remains to be done is relevant, though not determinative.)

23
Q

POWERS & DUTIES - Section 32 Fire Service Act 1975

A

The person in charge of the fire service at a fire service has following powers/duties

  • Enter property when on fire or endangered life to perform necessary duties
  • Close roads
  • Removes vehicles impeding staff
  • Remove people in danger or interfering - can use force
  • Do anything reasonable for protection of life & property
24
Q

Fire investigation liaison officers (FILOS) responsibilities

A
  • Attend every fire involving serious injury or death
  • Co-ordinate fire investigations in their area
  • Arrange police attendance where required
  • Maintaining effective working relationships with FSILO &; Fire Service Specialist Fire Investigators
  • Assisting areas of districts with fire investigation related queries
  • Ensure communication is maintained with various groups above including Police National Fire investigations Co-ordinator, Police District Intel manager & District manager criminal investigations where appropriate.
  • Co-ordinating fire investigation training for any Police employees within district where needed
  • Provide advise where required
25
Q

Specialist fire investigators responsibilities

A

Usually have extensive experience in fire fighting and fire safety. Have specialised training and assessment in fire investigation techniques
Called to and investigate the following:
- Fire where fatalities & life threatening fire injuries occur
- 1C structure fires
- Significant fire spread across property boundaries
- Bldg fires where built in fire safety features have failed or not performed to required standard
- Structure fires of 3rd alarm equivalent (6 appliances attend at least)
- Any fire where requested by Police etc

26
Q

Fire service investigation liaison officers (FSILOS) responsibilities

A
  • Arranging Fire Service Specialists fire investigator attendance at fire scenes when requested by Police
  • Establish & maintain effective working relationships with FILO in the respective Police areas
27
Q

Non intentional causes of fire - Carelessness

A 
Carelessness can occur with:
•	misusing electricity
•	children playing with matches or cigarette lighters
•	burning off paint
•	vagrants lighting fires for warmth, that get out of control
•	welding and other industrial processes
•	leaving clothes near heating
•	wrapping up live ashes in paper
•	ironing
•	setting off fireworks
•	using or storing flammable materials
•	burning rubbish
•	using domestic or camp fires
•	leaving a stove or heater on
•	leaving fat unattended while cooking
•	smoking.
28
Q

Non intentional causes of fire - Faults

A

Faults can occur in:
• chimneys and flues, (indicated by a honey comb type of solid soot)
• heating systems
• appliances
• televisions left on standby mode
• dust extractors
• fans and ventilation systems
• electrical wiring - shorting and arcing
• machinery - friction can cause overheating
• gas pipes and fittings
• broken power lines.

29
Q

Non intentional causes of fire - Natural causes

A

Fires can be caused naturally by any combination of fuel, heat source and air. Factors include:
• chemical reactions
• the sun’s rays
• lightning
• static electricity
• rodents eating through wiring, or building nests out of flammable material
• spontaneous combustion and ignition of, for example, damp grain, hay or wool; cloth soaked in oil, turpentine or paint; fine dust in joinery factories or flour mills.

30
Q

What are the ingredients to Crimes Act 1961, Section 267(2)(a) - Arson in which person has no interest (Low level)

A 
•	Intentionally OR Recklessly
•	Without claim of right
•	Damages by Fire OR 
•	Damages by any means of explosives
•	 Any Property
•	In which the person has no interest
(Other than property referred to in subsection 1)
31
Q

What are the ingredients to Crimes Act 1961, Section 267(2)(b) - Arson with intent to obtain benefit OR Cause loss to any other person (Low level)

A
  • Intentionally OR Recklessly
  • Damages by Fire OR
  • Damages by any means of explosives
  • Any Property (Other than property referred to in subsection 1)
  • With intent to obtain benefit OR Cause loss to any other person
32
Q

Fire

A

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.
For fire to start/continue each of the 3 elements - fuel oxygen and heat must be present in the right proportions

33
Q

Explosive

A

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

34
Q

Obtain

A

Obtain or retain for him/herself for any other person

35
Q

Benefit

A

Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration

36
Q

What are the ingredients to Crimes Act 1961, Section 268 - Attempted Arson?

A

Everyone
Attempts
To commit arson
to any immovable property, vehicle, ship or aircraft

37
Q

What you should know with Attempted arson?

A
  • There must be evidence the offender had intent to commit the full offence.
  • Recklessness is sufficient for arson -but not for attempted arson
38
Q

To be guilty of an offence a person must:

A

Intend to commit the offence AND

Take a real and substantial step towards achieving that aim

39
Q

Does or omits an act for the purpose of accomplishing his object

A
  • To be guilty of an attempt the defendant must have progressed past the stage of preparation and commenced a process intended to lead to the commission of an offence.
  • Must be sufficiently proximate to the offence

*** R V HARPUR - An attempt includes an act/omission constituting a substantial step in a course of conduct planned to culminate in the commission of a crime

40
Q

What are the ingredients to Crimes Act 1961, Section 269 (1) - Intentional Damage - Danger to life

A
  • Everyone
  • Intentionally OR recklessly
  • Destroys OR Damages any property
  • If he/she knows or ought to know
  • Danger to life is likely to result
41
Q

What are the ingredients to Crimes Act 1961, Section 269 (2) (a) - Intentional Damage - Person has no interest

A
  • Everyone
  • Intentionally OR recklessly
  • Without claim of right
  • Destroys OR Damages any property
  • In which the person has no interest
42
Q

What are the ingredients to Crimes Act 1961, Section 269 (2) (b) - Intentional Damage - Intent to cause loss or obtain benefit

A
  • Everyone
  • Intentionally OR recklessly
  • Without claim of right
  • Destroys OR Damages any property
  • with intent to obtain any benefit OR with intent to cause loss to any other person
43
Q

What are the ingredients to Crimes Act 1961, Section 269 (3) - Intentional Damage - Reckless disregard

A
  • Everyone
  • Intentionally
  • Destroys OR Damages any property
  • With reckless disregard for the safety of any other property.

CIB Induction July 2019 (12 decks)

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