Definitions

Question 1

Define Intent

Answer 1

Intent to do a specific act

Intent to get a specific result

Question 2

R v Collister

Answer 2

Intent can be inferred from the circumstantial evidence including:
- The actions and words of the defendant before during an after
- The nature of the Act
- The surrounding circumstances

Question 3

Define Reckless

Answer 3

Deliberate taking of an unjustified risk.

R v Cameron
R v Tipple

Question 4

R v Cameron

Answer 4

Recklessness is established if:

(a) the defendant recognised that there was a real possibility that:
(i) his actions would bring about the proscribed result; and/or
(ii) the circumstances existed; and
(b) having regards to that risk, those actions were unreasonable

and …

the subjective and objective tests to prove recklessness.

Question 5

R v Tipple

Answer 5

“Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk and it may be said that it requires a deliberate decision to run that risk.”

Question 6

What is the subjective and objective test with regards to recklessness?

Answer 6

The subjective test - completely subjective:
Has the defendant recognised the risk the offence anticipates as being possible?

The objective test - subjective and objective:
Are the defendant’s actions objectively reasonable?

Question 7

R v Archer

Answer 7

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

Question 8

Define fire

Answer 8

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

Question 9

What is sufficient to prove property damage by fire - does the property have to be set alight?

Answer 9

Burning, blistering of paint, charring, melting or sufficient smoke damage will suffice.

Question 10

Define explosive

Answer 10

Section 2, Arms Act 1983

Means 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.

The definition does NOT include firearms or fireworks or molotov cocktail

Question 11

Define the term property

Answer 11

Section 2, Crimes Act 1961

Property includes 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.

Only tangible property is capable of being damaged by fire or explosive

Question 12

What is the definition of ‘knowing’?

Answer 12

Simester and Brookbanks suggest ‘knowing’ means: “knowing or correctly believing. The defendant may believe something wrongly, but cannot ‘know’ something that is false.”

Question 13

Describe the subjective / objective test in relation to the defendant’s degree of knowledge

Answer 13

The 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?

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

The objective test: - what would a reasonable person have thought in the circumstances? Would a reasonable person have recognised the risk?

Question 14

What is the definition of ‘danger to life’?

Answer 14

R v Smith

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

Question 15

Define is likely to ensue

Question 16

Define claim of right

Answer 16

Section 2, Crimes Act 1961

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.

Question 17

Define immovable property

Answer 17

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.

Question 18

Define vehicle

Answer 18

Section 2, LTA 1998

(a) means a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved
(b) includes a hovercraft, skateboard, skates

Question 19

Define ship

Answer 19

Section 2, Crimes Act 1961

Ship means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft or like vessel.

Question 20

Define aircraft

Answer 20

Section 2, Civil Aviation Act 1990

Any machine that can derive support in the atmosphere from reactions of the air otherwise than by the reactions of the air against the surface of the earth.

Question 21

Define interest

Answer 21

“Interest” in property is not defined by legislation, however the courts have held that tenancy of a property constitutes an interest in it.

Question 22

R v Wilson

Answer 22

Tenancy of a property constitutes an interest in it.

Application: interest in property

Question 23

Define Obtain

Answer 23

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

Question 24

Define benefit

Answer 24

Section 267(4), Crimes Act 1961
Any property, privilege, service, benefit, pecuniary advantage, or valuable consideration.

In the context of arson, this includes damage to the defendant’s own property if it was done with the intention of incurring a benefit

Question 25

Define pecuniary advantage

Answer 25

“Pecuniary advantage” means anything that improves the defendant’s financial position.

Question 26

Define loss

Answer 26

Loss is not defined by statute; in most cases it will involve financial detriment to the victim. R v Morley

Question 27

Morley v R

Answer 27

“Loss … is assessed by the extent to which the complainant’s position prior to the (offence) has been diminished or impaired.” It not necessary that the victim’s loss results in any benefit to the offender. Application: cause loss

Question 28

Legally you are allowed to set fire to or damage your own property, however, there are exceptions to the general rule. What are these exceptions?

Answer 28

- You intend to cause loss to someone else as a result of the fire - You intend to benefit as a result of the fire - You know or ought to know that the fire will endanger life - You know that the fire is likely to destroy or damage someone else’s property as a consequence

Question 29

Define person

Answer 29

Gender neutral. Proven by judicial notice or circumstantial evidence. Section 2, Crimes Act 1961 The legislation provides a wide definition of person to include not only real people, but also companies, public bodies, authorities and other organisations ; i.e. Police organisation is a ‘person’ under this wider definition

Question 30

Outline the legislative definition of Attempts

Answer 30

Section 72(1), Crimes Act 1961 Attempts: Everyone 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.

Question 31

What intent must be proven in attempts to commit arson?

Answer 31

The crown must prove that the defendant intended to commit the full act of arson, and acted for the purposes of achieving that aim.

Question 32

Attempt

Answer 32

In R v Harpur 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. - Must have progressed past preparation - Must be sufficiently proximate to the offence. - Must have taken a real and practical step towards committing it.

Question 33

R v Harpur

Answer 33

’‘(The Court may) have regard to (the defendant’s) conduct viewed cumulatively up to the point where the conduct in question stops …. the defendant’s conduct (may) be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative’.

Question 34

Providing Explosives to commit offence

Answer 34

Section 272 Crimes Act 1961 2 years 1. A person 2. Knowingly has in their possession or makes any explosive substances 3. With intent to use or enable another person to use the substance 4. To commit an offence

Question 35

R v Hallam

Answer 35

“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.”

Question 36

What is a Molotov cocktail?

Answer 36

A crude incendiary device typically consisting of a bottle filled with flammable liquid and with a means of ignition - essentially an accelerant contained within a breakable vessel so that when it shatters the accelerant is spread and ignited by the flames from the burning rag or similar attached to the vessel.

Question 37

What is the appropriate charge in cases where a Molotov cocktail has been used?

Answer 37

‘Damages by fire’ NOT ‘Damages by means of any explosive’ If you remember only one thing - remember this.

Question 38

List five common methods of setting fires.

Answer 38

- Candles - Chemical igniters - Molotov cocktails - Matches and cigarettes - Readily combustible material (rubbish)

Question 39

List examples of carelessness that might result in a fire.

Answer 39

− misusing electricity − children playing with matches, cigarette lighters and so on − burning off paint − vagrants lighting fires − welding and other industrial processes − leaving clothes near heating − wrapping up live ashes in paper − ironing − setting off fireworks − using or storing flammable materials − burning rubbish − using domestic or camp fires − leaving a stove or heater on − leaving fat unattended while cooking − smoking