Arson

Question 1

267(1)(a)

Answer 1

• Intentionally or recklessly.
• damages by fire or damages by means of any explosive.
• any property
• if he or she know or ought to know that danger to life is likely to ensue.

Question 2

Intent

Answer 2

Intention to commit the act and an intention to get a specific result

Question 3

Recklessness

Answer 3

A conscious and deliberate taking of an unjustified risk. Being aware of the consequences and continuing the course of action regardless (Harney)

Question 4

Damages by Fire

Answer 4

Includes burning or charring, it is not necessary for the property to be set alight. Melting, blistering of paint, smoke damage may be sufficient.

Property damages if it suffers temp or permanent physical harm or impairment to use or value

Question 5

Explosive

Answer 5

Any substance, mixture or combination of substances capable of resulting in an explosion or producing pyrotechnic effect.
Includes fun powder, gelignite, detonators. Excludes firearms and fireworks

Question 6

Property

Answer 6

Includes real or personal property

Question 7

If he or she knows…..

Answer 7

“Knowing is correctly believing” the belief must be a correct one, if the belief is wrong a person cannot know.

Question 8

Life

Answer 8

Human life, someone other than the defendant

Question 9

Immovable property

Answer 9

Property that is fixed in place and unable to be moved

Question 10

Vehicle

Answer 10

Contrivance equipped with wheels, tracks or revolving runners on which it moves

Question 11

Ship

Answer 11

Vessel used in navigation, however propelled

Question 12

Aircraft

Answer 12

Derive support in the atmosphere from the reaction of the air

Question 13

Person

Answer 13

JNCE

Question 14

267(1)(b)

Answer 14

Intentionally and recklessly

• without claim of right
• damages by fire OR damages by means of any explosive.
• any immovable property or any vehicle, ship or aircraft.
• which that person has no interest

Question 15

267(1)(c)

Answer 15

• Intentionally
• damages by fire OR damages by means of any explosive
• any immovable property OR vehicle, ship or aircraft
• with intent to obtain a benefit or cause loss to any person

Question 16

Obtain

Answer 16

Obtain or retain for self or any other person

Question 17

Benefit

Answer 17

Any benefit, pecuniary advantage, privilege, property, service or valuable consideration.

Question 18

Loss

Answer 18

Loss is the extent to which the victims position ha seven diminished or impaired.

Question 19

Loss Case law

Answer 19

Loss is the extent to which the victims position has been diminished or impaired (Morley)

Question 20

Case law - Cameron

Answer 20

Defendant recognised that there was a real possibility that;
I) his or her actions would bring about the prescribed result;
Ii) that the prescribed circumstances existed

Having regards to that risk those actions were unreasonable

Question 21

Damages by Fire - Case Law

Answer 21

Archer - Robert may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value

Question 22

Cause loss - case law

Answer 22

Morley - loss is accessed but her extent to which the complainants position prior to the offence has been diminished or impaired.