Arson Flashcards
Arson liability for (1)(a)
s267(1)(a) crimes act 1961
Intentionally OR recklessly
Damages by fire OR damages by means of any explosive
Any property
If he or she knows or ought to know that danger to life is likely to ensue
Liability arson (1)(b)
s267(1)(b) crimes act 1961
Intentionally or recklessly
Without claim of right
Damages by fire OR damages by means of any explosive
Any immovable property OR vehicle OR ship or aircraft
In which that person has no interest
Liability arson (1)(c)
s267(1)(c) crimes act 1961
Intentionally
Damages by fire or damages by means of any explosive
Any immovable property OR vehicle OR ship or aircraft
With intent
To obtain any benefit OR cause loss to any other person
Cameron case law ruling and application
Recklessness is established if
The defendant recognised that there was a real possibility that
His or her actions would bring about the proscribed result; and
That the proscribed circumstances existed; and
Having regard to that risk those actions were unreasonable.
Case law Tipple ruling and application
Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and made a deliberate decision to run the risk.
Damaged by fire definition
Not defined in the Act
Depends on degree to which the property has been changed as a result of fire or explosives
Includes scorched, charred, melting, blistering, or significant smoke damage.
Archer case law ruling and application
In regards to damaged in arson
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
Fire definition
The result of the process of combustion: a chemical reaction between fuel and oxygen, triggered by heat.
Explosive definition
Any substance or mixture or combination of substances in which it’s normal state is capable of decomposition at such a rapid rate as to result in an explosion or producing a pyrotechnic effect
Property as defined in s.2 of the Crimes Act
Includes real and personal property, and any estate or interest in any real or personal property
Description of immovable property
Not defined in crimes act.
Generally relates to buildings, land, things growing on land.
Property will be immovable if it is currently fixed in place.
Definition of know or ought to know
Includes a mixed subjective/objective test as to the de
