Arson Flashcards
267(1)(a)
- 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.
Intent
Intention to commit the act and an intention to get a specific result
Recklessness
A conscious and deliberate taking of an unjustified risk. Being aware of the consequences and continuing the course of action regardless (Harney)
Damages by Fire
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
Explosive
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
Property
Includes real or personal property
If he or she knows…..
“Knowing is correctly believing” the belief must be a correct one, if the belief is wrong a person cannot know.
Life
Human life, someone other than the defendant
Immovable property
Property that is fixed in place and unable to be moved
Vehicle
Contrivance equipped with wheels, tracks or revolving runners on which it moves
Ship
Vessel used in navigation, however propelled
Aircraft
Derive support in the atmosphere from the reaction of the air
Person
JNCE
267(1)(b)
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
267(1)(c)
- 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
Obtain
Obtain or retain for self or any other person
Benefit
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration.
Loss
Loss is the extent to which the victims position ha seven diminished or impaired.
Loss Case law
Loss is the extent to which the victims position has been diminished or impaired (Morley)
Case law - Cameron
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
Damages by Fire - Case Law
Archer - Robert may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value
Cause loss - case law
Morley - loss is accessed but her extent to which the complainants position prior to the offence has been diminished or impaired.
