Arson module

Question 1

CA 1961

267(1)(a)

+ penalty

Answer 1

Arson- danger to life.
14 years

Question 2

Arson (danger to life) section

Answer 2

267(1)(a)

Question 3

267(1)(a) elements

Answer 3

-Intentionally or recklessly
-Damages by fire or by means of explosive
-Any property
-Knowing ir ought to know, that danger to life is likely to ensue

Question 4

Def

Intent

Answer 4

A deliberate act to get a specifc result. The act must be a deliberate act and more than accidental or involuntary.

Question 5

Case law

Intent

Answer 5

R v Collister: Circumstantial evidence from which an offenders intent may be inferred are:
- words or actions before, during or after the event
- The circumstances surrounding the event
- The nature of the act itself

Question 6

Def

Recklessley

Answer 6

Consciously or deliberately taking an unjustified risk.

Question 7

Case law

Recklessness (1)

Answer 7

Cameron v R
Recklessness is established if:
The defendant recognised that there was a real possibility that his/her actions would bring about the prescribed result and/or that the proscribed circumstances existed and having regard to that risk those actions were unreasonable.

Question 8

Case law

Recklessness (2)

Answer 8

R v Tipple
Knowing the relevant risk, the offender makes a deliberate decision to run the risk.

Question 9

Def

Fire

Answer 9

A process of combustion, a chemical reaction between oxygen and fuel triggered by heat - all three must be present.
Oxygen + fuel + heat
It is not necessary that something is set alight and burnt - melting, blistering of paint or significant smoke damage is sufficient.

Question 10

Def and case law

Damages by fire

Answer 10

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.

R v Archer

Question 11

Case law

R v Archer

Answer 11

Damage includes permanent or temporary physical damage and/or permanent or temporary impairment of its use or value.

Question 12

Proving recklessness

Answer 12

1. That the defendant consciously and deliberately ran a risk (subjective)
2. The the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (obj. - would a reasonable person have taken the risk)

Question 13

Def

Property

Answer 13

Section 2 CA 1961
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.

Question 14

Def

Life

Answer 14

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

Question 15

Def

Explosive

Sec 2 Arms Act 1981

Answer 15

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.
Includes gun powder, gelignite, detonators
Does not include: firearms, fireworks

Question 16

Def

Knows

Answer 16

Simester and Brookbanks: Knowing meants “knowing or correctly believing”. The defendant may believe something wrongly but they cannot know something that is false.

Question 17

Knows

Degree of knowledge

Answer 17

1. Subjective - what was the defendant thinking at the time? Did the defendant know that human life was likely to be endangered by their actions?
2. Objective - (if insufficient evidence they were conscious of the risk) what would a reasonable person have thought in the same circumstances? Would a reasonable person have recognised the risk?

Question 18

Def

Claim of right

Answer 18

Section 2 CA 1961
In relation to any act means a belief at the time of the act in a proprietary or possessory right in property to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 19

COR

Nature of belief

Answer 19

1. Belief in a proprietary or possessory right. Element of ownership or right to take or retain possession. Includes intangible property.
2. Belief must be about rights to the property in question (involved in act). Taking or dealing with other property

Question 20

Def

Immovable property

Answer 20

Property currently fixed in place and unable to be moved, even though it may be possible to make it moveable.
(relates to buildings, land and things growing on land)

Question 21

Def

Vehicle

Answer 21

S2 LTA 1998
A contrivance equipped with wheels, tracks, or runners on which it can move AND includes a hovercraft, skateboard, skates and roller skates.
DNI - wheelchair, pram, trundler, lawnmower.

Question 22

Def

Ship

Answer 22

S2 CA 1961
Any description of vessel used in navigation, however propelled.

Question 23

Def

Aircraft

Answer 23

S2 Civil Aviation Act 1990
A machine that can derive support in the atmosphere from the reactions of the air

Question 24

Case law

Interest

Answer 24

R v Wilson
Tenancy constitutes an interest in property

Wilson was a meth cook whose CLAN lab exploded and burnt down his rental

Question 25

Def

Obtain

Answer 25

S217 CA 1961
Obtain, in relation to any person, means obtain or retain for himself or herself or for any other person.

Question 26

Def

Benefit

Answer 26

S267 CA 1961
Benefit means any benefit, pecuniary advantage, privilege, property, service or valuable consideration.

Question 27

Case law

Cause loss

Answer 27

R v Morley
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.

Question 28

Def

Person

Answer 28

S2 CA 1961
Includes not only real people but companies and other organisations.

Question 29

Section and penalty

Attempted Arson

Answer 29

268 CA 1961
10 years

Question 30

To be guilty of an attempt a person must:

Answer 30

1. Intend to commit the offence
2. Take a real and substantial step towards achieving that aim