Definitions

Question 1

Definition:
Explosive

Answer 1

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 ​

Sec. 2 Arms Act 1983

Question 2

Definition:
Fire

Answer 2

Fire is the result of the process of combustion,
a chemical reaction between fuel and oxygen,
triggered by heat.

Question 3

Definition:
Any Property

Answer 3

Property includes
any real or 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.​

Section 2, Crimes Act 1961​

Question 4

Definition:
Knowing

(When that person knowing or ought to know danger to life is likely to ensue)

Answer 4

Knowing means:

“correctly believing”

… the defendant may believe something wrongly, but cannot “know” something that is false.​

Simester and Brookbanks. ​

Question 5

What are the two tests for ‘knowing’?

Answer 5

Subjective Test - what was the defendant thinking at the time? Did the defendant know that human life was likely to be endangered by his actions?​

Objective Test - what would a reasonable person have thought in the same circumstances? Would a reasonable person have recognised the risk?​

Question 6

Definition:

Damage?

What Case Law applies?

Answer 6

Heat damage, melting, oxidation or smoke damage.

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.

Question 7

Definition:
Without claim of right

Answer 7

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 of any matter of law other than the enactment against which the offence is alleged to have been committed​

Sec 2, Crimes Act 1961

Question 8

Definition:
Immovable

Answer 8

Immovable –​

currently fixed in place and unable to be moved,

In general, it relates to buildings and land and things growing on land, such as forests.​

Question 9

Definition:
Vehicle

Answer 9

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

Sec. 2, Land Transport Act 1998​

Question 10

Definition:
Ship

Answer 10

Ship means every description of vessel used in navigation, however propelled;

and includes any barge, lighter, dinghy, raft, or like vessel; and also includes any ship belonging to or used as a ship of the armed forces of any country​

Sec 2, Crimes Act 1961​

Question 11

Definition:
Aircraft

Answer 11

Aircraft means any 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​

Sec. 2 Civil Aviation Act 1990​

Question 12

Definition:
Person

Answer 12

Person ​

Accepted by judicial notice or proved by circumstantial evidence. ​

Also includes organisations and companies

Question 13

Definition:
No interest

Answer 13

No interest in or claim to​

Question 14

Definition:
Obtain

Answer 14

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

sec. 217, Crimes Act 1961​

Question 15

Definition:
Benefit

Answer 15

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

Sec. 267(4), Crimes Act 1961​

Question 16

Definition:
Cause Loss

Which case law would you use for loss?

Answer 16

The term “loss” is not defined by statute, but in most cases will involve financial detriment to the victim.
​
Case Law - 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 17

Define an Authorised Person
Where are their powers found?

Answer 17

The authorised person is the person who is in charge of personnel engaged in an emergency.

‘Other Powers of an Authorised Person’ are found in Section 44 of FENZ Act 2017

Question 18

How can intent be inferred?

Answer 18

Circumstantial evidence from which an offender’s intent may be inferred can
include:
* the offender’s actions and words before, during and after the event
* the surrounding circumstances
* the nature of the act itself.

Question 19

Proving Recklessness with regard to Knowledge

Outline the subjective and objective tests used to assessing the recklessness of the defendants actions in light of their knowledge at the time?

And what case law could be used?

Answer 19

R v Cameron is the leading case law on recklessness

Subjective test :
* Did the defendant know that human life was likely to be endangered by his actions?
* Did he know this at the time?

If there is insufficient evidence that the defendant was conscious of the risk,
the next question -

The objective test is:
* What would a reasonable person have
thought in the same circumstances?
* Would a reasonable person have
recognised the risk?

Social-utility must also be considered when assessing the objective test. (Some risks are necessary to achieve a socially positive outcome).

Question 20

Define:
Danger to life

Answer 20

Human life other than the life of the defendant

Question 21

Does a tenant have interest in the property that he rents?

Answer 21

Yes

Question 22

Define:
Knowledge
(with respect to possessing explosives)

What do the prosecution have to prove?

Answer 22

it must be proved that the offender:

(1) knowingly had the substance in his possession and,

(2) that he knew it to be an explosive
substance.

Question 23

Define:

Explosives

In the context of
“Providing explosives” s272

Answer 23

Explosives in the context of s272 means:

things intended to
explode or
cause fire or
noxious emissions

Question 24

Intent - short version

Answer 24

A deliberate act for a specific result