1. Arson Flashcards
What are the two specific types of intention, and provide detail regarding each?
- Intention to commit the act (must be done deliberately, no involuntary or accidental).
- Intention to produce a specific result (aim, object or purpose),
In relation to proving intent, who is the onus on and what is the burden required, furthermore what is the case law for proving intent?
The onus is on the prosecution to prove offenders intent beyond reasonable doubt.
Case Law (Proving intent): R v Collister
Circumstantial evidence from which an offenders intent may be inferred can include the:
- offenders actions and words before, during and after the event
- surrounding circumstances
- nature or the act itself
What is the case law, Cameron V R?
Cameron v R:
Recklessness is established if:
(a) defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result, and/or
(ii) that proscribed circumstances existed, and
(b) having regard to that risk those actions were unreasonable
Acting recklessly involves what?
Acting recklessly involves consciously and deliberately taking an unjustified risk.
What tests relate to part (a) and part (b) of the case law Cameron V R?
Part (a) : completely subjective (defendant recognised the risk the offence anticipates as being possible)
Part (b) : Subjective and objective (actions of the defendant were objectively reasonable given the risk the defendant understood)
Provide examples of no social utility and high social utility?
No social utility: Russian roulette
High social utility: Surgeon undertaking a risk but potentially lifesaving surgery
When recklessness is an element in an offence, what must be proved?
- The defendant consciously and deliberately ran a risk
- Risk was one that was unreasonable to take in the circumstances as they were known to the defendant (objective - based on whether reasonable person would have taken the risk)
What is the case law R v Archer?
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 damage will often involve burning or charring, it is not necessary that property is actually set alight, what are some other examples of fire damage?
Melting, blistering of paint and significant smoke damage.
Usefulness may constitute damage, whether or not such a change amounts to damage is ?
A matter of fact and degree to be determined on a case by case basis.
What are the three elements for a fire to start or continue?
Fire is the result of the process of combustion.
It is a chemical reaction between fuel, oxygen**, triggered by **heat.
What is the definition of explosive (Section 2 (a), Arms Act 1983)
Explosive:
(a) any substance, mixture or combination of substances** which in its **normal state is capable either of decomposition** at such a rapid rate as to **result in an explosion or of producing a pyrotechnic effect.
What is not included under the definition of explosive?
Does not include:
Firearm
Any firework defined in section 2 or the hazardous substances and new organisms act 1996.
What is the definition of property (Section 2, Crimes Act 1961)?
Property includes any real and personal property, and any estate or interest in any real or personal property, money, electricity, any debt, anything in action, and any other right or interest.
What is the definition of property (Section 2, Crimes Act 1961)?
Property includes any real and personal property, and any estate or interest in any real or personal property, money, electricity, any debt, anything in action, and any other right or interest.