Full liabilities Flashcards
Arson (danger to life)
Crimes Act 1961, Section 267(1)(a)
14 years
- Intentionally OR recklessly
- Damages by fire OR by means of any explosive
- Any property
- If he or she knows or ought to know that danger to life is likely to ensue
INTENTIONALLY
In a criminial 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.
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.
RECKLESSLY
Cameron v R
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.
DAMAGES BY FIRE OR EXPLOSIVE
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.
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.
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.
Explosive 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 producting a pyrotechnic effect.
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.
KNOWS
Knowing means “knowing or correctly believing”.
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?
DANGER TO LIFE
The danger must be to the human life of someone other than the defendant.
Arson (no interest - immovable property)
Crimes Act 1961, Section 267(1)(b)
14 years
- Intentionally OR recklessly
- Without claim of right
- Damages by fire OR by means of any explosive
- Any immovable property OR any vehicle, ship, or aircraft
- In which that person has no interest
INTENTIONALLY
In a criminial 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 specifi result.
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.
RECKLESSLY
Cameron v R
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.
CLAIM OF RIGHT
Claim of right 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.
DAMAGES BY FIRE OR EXPLOSIVE
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.
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.
Fire is the result of the process of combustion, a chemical reation between fuel and oxygen, triggered by heat.
Explosive 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 producting a pyrotechnic effect.
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.
INTEREST
“Interest” in property is not defined by legislation, however the courts have held that tenancy of a property constitutes an interest in it.
Arson (cause loss - immovable property)
Crimes Act 1961, Section 267(1)(c)
14 years
- Intentionally
- Damages by fire OR by means of any explosive
- Any immovable property OR any vehicle, ship, or aircraft
- With intent to obtain any benefit OR to cause loss
- To any other person
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.
Deliberate act:
“Intent” means that act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.
Intent to produce a result:
The second type of intent is an intent to produce a specific result. In this context result means “aim, object, or purpose”.
DAMAGES BY FIRE OR EXPLOSIVE
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.
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.
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.
Explosive 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 producting a pyrotechnic effect.
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.
Arson (no interest - any property)
Crimes Act 1961, Section 267(2)(a)
7 years
- Intentionally OR recklessly
- WIthout claim of right
- Damages by fire OR by means of any explosive
- Any property
- In which that person has no interest
Arson (cause loss - any property)
Crimes Act 1961, Section 267(2)(b)
7 years
- Intentionally OR recklessly
- Damages by fire OR by means of any explosive
- Any property
- WIth intent to obtain any benefit OR with intent to cause loss
- To any other person
Arson (reckless disregard)
Crimes Act 1961, Section 267(3)
5 years
- Intentionally
- Damages by fire OR by means of any explosive
- Any property
- WIth reckless disregard for the safety of any other property
Attempted Arson
Crimes Act 1961, Section 268
10 years
- Attempts to commit arson
- In respect of any immovable property OR any vehicle, ship, or aircraft
Intentional Damage (danger to life)
Crimes Act 1961, Section 269(1)
10 years
- Intentionally OR recklessly
- Destroys OR damages
- Any property
- If he or she knows OR ought to know that danger to life is likely to result
Intentional Damage (no interest)
Crimes Act 1961, Section 269(2)(a)
7 years
- Intentionally OR recklessly
- WIthout claim of right
- Destroys OR damages
- Any property
- In which that person has no interest
Intentional Damage (cause loss)
Crimes Act 1961, Section 269(2)(b)
7 years
- Intentionally OR recklessly
- Without claim of right
- Destroys OR damages
- Any property
- With intent to obtain any benefit OR with intent to cause loss
- To any other person
Intentional Damage (reckless disregard)
Crimes Act 1961, Section 269(3)
7 years
- Intentionally
- Destroys OR damages
- Any property
- With reckless disregard for the safety of any other property
Providing Explosives to Commit an Offence
Crimes Act 1961, Section 272
2 years
- Knowingly has in his or her possession OR makes
- Any explosive substance OR any dangerous engine, instrument, or thing
- With intent to use OR enable another person to use the substance, dangerous engine, instrument, or thing
- To commit an offence
