ARSON - Definitions and Case Law Flashcards Preview

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Flashcards in ARSON - Definitions and Case Law Deck (23)
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1
Q

Meaning of ‘Intent’

A

A person does something “intentionally” if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it.

2
Q

Case Law: Intent

R v MOHAN

A

Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence.

3
Q

Case Law: Intent

R v WAAKA

A

A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”.

4
Q

Meaning of ‘Recklessness’

A

Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.

5
Q

To prove ‘recklessness’ - Subjective and Objective Test.

A
  • It must be proved not only that the defendant was aware of the risk and proceeded regardless (Subjective Test),
  • but also that it was unreasonable for him to do so (Objective Test).
6
Q

Case Law: Recklessness

R v HARNEY

A

Recklessness involves “foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk”.

7
Q

Case Law: Damages by Fire

R v ARCHER

A

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

8
Q

Meaning of “Damages by Fire”.

A

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.

9
Q

For fire to start or continue, each of the three elements ….. need to be present.

A

Fuel, oxygen and heat.

10
Q

Explosive S2 Arms Act 1983

A

Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect,
Includes: gun powder, gelignite, detonators
Does not include: Firearms, fireworks.

11
Q

Property S2 CA 1961

A

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

12
Q

Meaning of Knowledge, and

Simester and Brookbanks

A

Knowing means “knowing or correctly believing”

Simester and Brookbanks
The defendant may believe something wrongly, but cannot “know” something that is false.

13
Q

Danger to “LIFE”

A

“Life” in this context means human life, and the danger must be to the life of someone other than the defendant.

14
Q

Claim of Right S2 CA 1961

A
  • In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed,
  • although that belief may be based on ignorance or mistake of fact or any matter of law other than the enactment against which the offence is alleged to have been committed.
15
Q

Immovable Property

A

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 movable.

16
Q

Vehicle S2 LTA 1998

A

Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved;

17
Q

Obtain S217 CA 1961

A

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

18
Q

Benefit S267(4) CA 1961

A

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

19
Q

Case Law: LOSS

R v MORLEY

A

Loss… is assessed by the extent to which the complainant’s position prior to the [offence] has been diminished or impaired.

20
Q

Attempts S72(1) CA 1961

A

Every one who having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

21
Q

Case Law: Attempts

R v HARPUR

A

An attempt includes “an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.

22
Q

Providing explosives to commit an offence
S272 CA 1961
2 yrs

A

23
Q

Case Law: Knowledge (explosive)

R v HALLAM

A
  • On a charge of knowingly having possession of an explosive substance,
  • it must be proved that the offender knowingly had the substance in his possession
  • and also that he knew it to be an explosive substance.