PROGRESS TEST 1

Question 1

List the elements of Arson in s267(1)(a)

Answer 1

• Intentionally or Recklessly
• Damages by fire or by means of any explosive
• Any property
• Knowing or ought to know that
• Danger to life is likely

Question 2

Explain what ‘recklessly’ means citing the relevant case law

Answer 2

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.

Question 3

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

Answer 3

Legally you are allowed to set fire to your own property, unless you:
- Intend to cause loss to someone else as a result of the fire
- Know or ought to know that the fire will endanger life
- Know that the fire is likely to destroy or damage someone else’s property as a consequence.

Question 4

The Fire Service Specialist Fire Investigator will liaise with the designated Police Fire Investigation Liaison Officer or other member of Police in relation to four specific matters. What are these matters?

Answer 4

• Handover of the fire scene
• Access to the fire scene
• Process for examination and investigation
• Identification and collection of evidence at the fire scene