Arson - Reckless Disregard Flashcards Preview

Arson Offences CIB 012 > Arson - Reckless Disregard > Flashcards

Flashcards in Arson - Reckless Disregard Deck (9)
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1

Section and Penalty

Sec 267 (3) CA61

5 Years Imp

2

Ingredients

Intentionally

Damages by Fire
OR
Damages by Means of Explosive

Any Property

With Reckless Disregard for the safety of any other Property

3

Intentionally

In a criminal law context there are 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.

4

Damages by Fire

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.

5

R v Archer

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

6

Explosive

Sec. 2 Arms Act 1983

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

7

Property

Sec 2 Crimes Act 1961

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

8

With Reckless Disregard for the Safety of any other Property

It must be proved that the offender intended to damage some property, recognising that there was a risk of damaging other property, but proceeding regardless of that risk

9

C v Police

Defendant went to school, lit rubbish bin on fire and then left.

The rubbish bin reignited and burnt down a classroom.