Definitions

Question 1

Claim of Right

Answer 1

Means a belief at the time of the act in a proprietary or possessory right property in relation to which the offences is alleged to be committed against.

Question 2

Fire

Answer 2

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

For each to start or continue each of the three (3) elements must be present in the correct proportions.

Question 3

Intent

Answer 3

Deliberate act: Intent means the act or omissions must be done deliberately. The act must be more than involuntary or accidental.

Intent to produce a result

The intent to produce a specific type of result

• aim
• purpose
• object

Question 4

Property Section 2, CA 61

Answer 4

Includes real and 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 5

If he or she knows or ought to know that danger to life is likely to ensue.

Answer 5

Subjective test - What was the defendant thinking at the time. Did the defendant know that human life was likely to be endangered.

Objective Test 0 If there is insufficient evidence that the defendant was conscious of the risk, what would a reasonable person have thought? Would the risk be recognised.

Question 6

Explosive

Answer 6

a) means any substances or mixture or combination of substances which in its normal state of capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect; and es,
b) without limiting paragraph (a) of this definition, includes gunpowder, nitroglycerine, dynamite, gun-cotton, blasting powder, fulminate of mercury or of other metals, coloured flares, fog signals, fuses, rockets percussion caps, detonators, cartridge, and ammunition of all descriptions.
c) without limiting paragraph (a) or paragraph (b) of this definition, includes any device contrivance or article, which uses any substance or mixture or combination of substances to which paragraph (a) or para (b) of this definition applies as an integral part of it for the purpose of producing an explosion or ballistic or pyrotechnic effect; but does not include a firearm; and
d) does not include any firework as defined in section 2 of the Hazardous Substances and New Organisms Act 1996.

Question 7

Danger to life

Answer 7

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

Question 8

Vehicle

Answer 8

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

Question 9

Ship

Answer 9

Ship means every description of a vessel used in navigation

Question 10

Aircraft

Answer 10

Aircraft has the same meaning as in the Civil Aviation Act 1990.

Question 11

Benefit

Answer 11

In S267 and S269, benefit means, pecuniary advantage, privilege, property, service, or valuable consideration.

Question 12

Obtain

Answer 12

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

Question 13

Immovable property

Answer 13

The property will be considered immovable if it is currently fixed in place and unable to be moved.

Question 14

Person

Answer 14

As proved by judicial notice or circumstantial evidence.

Question 15

Intentionally

Answer 15

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

Question 16

Circumstantial evidence from which an offenders intent may be inferred

Answer 16

• The offenders actions and words before, during and after the event
• The surrounding circumstances
• The nature of the act itself

Question 17

Examples of damage?

Answer 17

Although fire damage will often involve burning or charring, its not necessary that the property was actually set alight, melting, blistering of paint or significant smoke damage may be sufficient.