Liabilites Flashcards
(3 cards)
What definitions and/or case laws should be included in your discussion of the liability of
267(1)(a) - arson - danger to life
Definition of intent: R v Collister
Definition of recklessness: R v Cameron, R v Tipple
Definition of damage by fire: R v Archer
Definition of Fire
Definition of explosive
Definition of property
Definition of knowing: Simester and Brookbanks / subjective/objective test
Definition of danger to life: R v Smith “other than the defendant”
What definitions and/or case laws should be included in your discussion of the liability of
267(1)(b) - arson - immovable property - No Interest
Definition of intent: R v Collister
Definition of recklessness: R v Cameron, R v Tipple
Definition of Claim of Right
Definition of damage by fire: R v Archer
Definition of Fire
Definition of explosive
Definition of property
Definition of immovable: Fixed in place and unable to be moved
Definitions (as app) for: vehicle, ship, aircraft
Definition of interest: R v Wilson “tenancy of a property constitutes an interest in it”
Definition of person: as proven by circumstantial evidence or judicial notice
What definitions and/or case laws should be included in your discussion of the liability of
267(1)(c) - arson - cause loss or obtain benefit
Definition of intent: R v Collister
Definition of damage by fire: R v Archer
Definition of Fire
Definition of explosive
Definition of property
Definition of immovable: Fixed in place and unable to be moved
Definitions (as app) for: vehicle, ship, aircraft
Definition of obtain: to obtain or retain for himself, herself, or any other person.
Definition of benefit: any property, privilege, service, benefit, pecuniary advantage, valuable consideration
Definition of loss: R v Morley
Definition of person
