Arson Definitions

Question 1

Intent

Answer 1

1. an intention to commit the act
2. an intention to get a specific result
   R V COLLISTER
   Defendants intent can be inferred from the
   circumstantial evidence:
   -Actions before/during/after event
   -Surrounding circumstances
   -Nature of the act itself

Question 2

Reckless

Answer 2

The conscious and deliberate taking of an unjustified risk
R V HARNEY
the conscious or deliberate taking of an unjustified risk. Involves proof that the consequence complained of could well happen, (subjective).
Together with an intention to continue the conduct regardless of risk. (objective)

Question 3

Damages by fire

Answer 3

Involves burning or charring. Not necessary that property is set alight; melting, blistering of paint or significant some damage is sufficient.
R V ARCHER
Property may be damaged if it suffers permanent or temporary physical harm or impairment of its use or value.

Question 4

Explosive

AA.83 S.2

Answer 4

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.
Inc: gun powder, gelignite, detonators
not: firearms, fireworks

Question 5

Property

CA.61 S.2

Answer 5

Any real or personal property and any real estate or interest in any real or personal property, money, electricity and any debt, and anything in action, and any other right interest.

Question 6

Knowing

Answer 6

SIMESTER AND BROOKBANKS
“Knowing, or correctly believing” ,the defendant may believe something wrongly, but cannot ‘know’ something that is false.

Question 7

Life

Answer 7

In this context is human life, danger must be to someone other than defendant.

Question 8

Claim of right

CA.81 S.2

Answer 8

A belief at the time of the act
In a proprietary or possessory right in property.
That belief may be based on ignorance or mistake of fact or law

Question 9

Immoveable

Answer 9

If it is currently fixed in place and unable to be moved, even though it may be possible to make it moveable.
Generally buildings, land and things growing on land, such as forests.

Question 10

Vehicle

CA.61 S.2

Answer 10

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

Question 11

Ship

CA.61 S.2

Answer 11

Vessel used in navigation, however propelled.
Inc: barge, lighter, dinghy, raft or like vessel
Also any ship belonging to or used as a ship by armed forces of any country.

Question 12

Aicraft

CAA.90 S.2

Answer 12

Any machine that can derive support in the atmosphere from the reactions of the air or by the reactions of the air against the surface of he earth.

Question 13

Interest

Answer 13

Not defined by legislation, however the courts have ruled that tenancy does constitute interest.

Question 14

Obtain

CA.61 S.217

Answer 14

Obtain or retain for himself herself or any other person.

Question 15

Benefit

CA.61 S267(4)

Answer 15

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

Question 16

Loss

Answer 16

Assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.
R V MORLEY

Question 17

Person

CA.61 S.2

Answer 17

Wide definition, gender neutral and incorporates not only real people but also companies and other organisations.

Question 18

knowing or ought to know

danger to life

Answer 18

subjective - did the defendant know human life was likely to be endangered by his actions
objective - would a reasonable person have recognised the risk in the same circumstances.

Question 19

Fire

Answer 19

The process of combustion, a chemical reaction between fuel and oxygen triggered by heat.