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CIB Modules September 2019 > Arson > Flashcards

Flashcards in Arson Deck (81)
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1

R V Harney

Reckless means the conscious and deliberate taking of an unjustified risk.

Proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.

(Subjective and objective)

2

Circumstantial evidence from which intent may be inferred

-Offenders actions and words, before, during and after the event

-The surrounding circumstances

-The nature of the act itself

3

R V Collister

Intent could be inferred from the circumstances

4

Proving Recklessness

Subjective test - The defendant consciously and deliberately ran a risk

Objective test - The risk was One that was unreasonable to take in the circumstances. (What would a reasonable person have thought?)

5

R V Archer

Damages by fire

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

6

Damages by fire definition (or explosive)

Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient.

7

Fire

A process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. For fire to start, each of the three elements must be present in the correct proportions.

8

Explosive

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

Includes; gunpowder,dynamite, gun cotton, blasting powder, fuses, ammunition.

Any item that is an integral part of producing an explosive (excludes firearm)

Excludes fireworks

9

Property

Real and personal property and any estate.

Any interest in any personal property (money,electricity)

Includes intangible property eg information stored on a computer

10

Danger to life

Means human life, and must be to someone other than the defendant

11

Claim of right

A belief in a proprietary or possessory right in the property at the time of committing the offence.

- belief may be based on ignorance or mistake of fact

An element of ownership or right to retain possession of it

12

Immovable property

Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it moveable.

(Generally buildings or things growing on land)

13

Vehicle

A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.


14

Ship

Every description of a vessel used in navigation, however propelled

15

Aircraft

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

16

Obtain

Means, obtain or retain for himself or herself or any other person

17

Benefit

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

18

R V Morley

Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.

19

Person includes:

The crown and any public body, local authority, any board, society or company

20

Attempts

-Having intent to commit an offence, does or omits an act for the purpose or accomplishing his object.

-Must have progressed past the stage of preparation and commenced a process intended to lead to the commission of the full offence

21

R V Harpur

The court may have regard to the conduct viewed cumulatively up to the point where the conduct in question stops. The defendants conduct may be considered in its entirety. How much remains to be done is always relevant though not determinative.

Explanation: The court can take the circumstances leading up to the offence into account even if the full offence isn’t committed. (Sufficient proximity)

22

Knowledge (Possession of explosives)

The prosecution must prove that the defendant had knowledge the the substance in his possession was an explosive

23

Dangerous “engine,” “instrument,” or “thing” interpretation

A device intended to explode or cause fire or omissions of noxious things

24

Section 267(1)(a)

-Intentionally OR Recklessly
-Damages by fire OR Damages by means of any explosive
-Any Property
-Knowing OR ought to know
-Danger to life is likely to ensue

Arson - 14 Years
Crimes Act 1961

25

Section 267(1)(b)

Intentionally OR recklessly
And without claim of right
Damages by fire OR by means of any explosive
Any immovable property
Or vehicle OR ship OR aircraft
In which that person has no interest

Arson 14 years

26

Section 267(1)(c)

Intentionally
Damages by fire OR by means of any explosive
Any immovable property
Or vehicle OR ship OR aircraft
With intent to obtain any benefit OR to cause loss to any person

27

267(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 referred to in sub section 1)

Arson - 7 years

28

267(2)(b)

Intentionally OR recklessly
Damages by fire OR By means of any explosive
Any property (other than referred to in sub section 1)
With intent to obtain any benefit or cause loss to any other person

Arson - 7 years

29

267(3)

Intentionally
Damages by fire OR by means of any explosive
Any property with reckless disregard for the safety of other property

Arson - 7 years

30

268

Attempted arson - everyone is liable for a term of imprisonment not exceeding 10 years who attempts to commit arson in respect of any immovable property or any vehicle, ship or aircraft