Arson 1 Flashcards
What is the definition of intent?
A person does something “intentionally” if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it.
What is R v Mohan?
Intent involves a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence…
What is R v WAAKA?
A “fleeting or passing thought” is not sufficient. There must be a firm intent or firm purpose to effect an act.
Define “Reckless”
Acting “Recklessly” involves consciously and deliberately taking an unjustifiable risk.
What is R V Harney?
Recklessness involves the foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.
What is the definition of “Damages by Fire”
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.
What is 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.
What is the Act, Section, Subsection and penalty for Arson (Danger to Life)?
Crimes Act 1961, Section 267(1)(a), 14 years imp.
What is the definition of ‘Explosive’ and Act/Section
Explosive - Section 2 Arms Act 1983-
Any substance or mixture or combination of substances which in its normal state is capable of either decomposition at such rapid state as to result in an explosion or of producing a pyrotechnic effect, Includes gun powder, gelignite, detonators, does not include fireworks, firearms.
What is the definition of ‘Property’ and Act/Section
Property - Section 2 Crimes Act 1961
Property includes any real or personal property and any estate or interest in any real or personal property, money, electricity and any debt and any other right or interest
Define “Knowledge” and the case law
Knowing means “Knowing or Correctly Believing”
Simester and Brookbanks
The Defendant may believe something wrongly but cannot “know” something that is false
Define “Life”
“Life” in this context means human life, and the danger must be to the life of someone other than the defendant.
What is the Act, Section, Subsection and Penalty for Arson - (No COR, Immovable Property)?
Arson - Section 267(1)(b) Crimes Act 1961, 14 Years Imp.
Define “Claim of Right” and Act/Section
Claim of Right - Section 2 Crimes Act 1961
In relation to any act, 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.
Define “Immovable Property”
“Immovable” - Property will be considered immovable if it is fixed in place and unable to be moved even though it may be possible to make it movable.
