Definitions

Question 1

Define - Benefit

Answer 1

Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration (267(4) and 269)

Question 2

Intentionally

Answer 2

Intention to commit an act, intention to get specific result.

Question 3

Recklessly

Answer 3

Conscious and deliberate taking of an unjustified risk.

Question 4

Define - Property

Answer 4

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

Question 5

Damages by fire

Answer 5

Damage must be caused by fire.
Doesn’t have to be set alight, melting, blistering, charring, smoke damage is sufficient

Question 6

Fire

Answer 6

Process of combustion. A chemical reaction between fuel and oxygen, triggered by heat.

Question 7

Explosive

Answer 7

(a) Substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate it results in explosion or of producing a pyrotechnic effect.

(b) Without limiting paragraph (a) includes:
Ammunition
Blasting powder
Coloured flares
Cartridges
Dynamite
Detonators
Fuses
Fog signals
Gunpowder
Gun-cotton
Rockets
Nitroglycerin

(c) Without limiting paragraph (a) and (b) includes any Device, Article, of Contrivance, which uses any substance or mixture or combination of substances to which paragraph (a) or (b) of this definition applies as an integral part of it for the purposes of producing an explosion or ballistic or pyrotechnic effect.

Does not include a firearm, molotov cocktail, or firework.

Question 8

Immovable Property

Answer 8

Fixed in place and cannot be moved without great effort.

Question 9

Vehicle

Answer 9

Contrivance equipped with wheels, tracks, or revolving runners which it moves on.

Question 10

Ship

Answer 10

Vessel used in navigation, however propelled.

Question 11

Aircraft

Answer 11

Machine that can derive support from atmosphere.

Question 12

Interest

Answer 12

Not defined, however, tenancy is considered interest.

Question 13

Obtain

Answer 13

Obtain or retain for himself or others.

Question 14

Cause loss

Answer 14

Financial detriment to person

Question 15

Claim of right

Answer 15

Belief at the time, that they had proprietary or possessory right, in relation to that property. This may be based on ignorance or mistake or matter of law.

Question 16

Knows or ought to know

Answer 16

Subjective - what they knew?
Objective - what would any reasonable person know?

Question 17

Danger to life

Answer 17

Danger to the life of any person other than themselves. Life = human life. (R v Smith)

Question 18

Likely to ensue

Answer 18

Accused merely must know there’s a chance/risk of danger to life.

Question 19

Proving recklessness

Answer 19

• That the defendant consciously and deliberately ran a risk, (Subjective) AND,
• That the risk was one that was unreasonable to take in the circumstances. (Objective - based on whether a reasonable person would have taken the risk)

Question 20

Define - Attempts

Answer 20

Must,
- Intend on committing the offence, AND,
- Take a real and substantial step towards achieving that aim.

Question 21

Sufficiently proximate

Answer 21

Court to analyze the defendants conduct at the relevant time, plus evidence of intent based on circumstances up to that point.

Question 22

Person

Answer 22

Real people - proved by judicial notice and accepted by circumstantial evidence, AND (Wider definition)
Owner, Crown, Public Body or Local Authority, or Company.

Question 23

IED (Improvised Explosive Device)

Answer 23

Are illegally made devices containing explosive, pyrotechnic, or incendiary chemicals, and are designed to destroy, kill, disfigure or harass.