ARSON Flashcards
Give the act, section and elements for the offence of
- Arson (danger to life)
Section 267(1)(a), Crimes Act 1961
Intentionally (OR) Recklessly
Damages by fire (OR) damages by means of explosive
Any property
If he or she knows or ought to know that danger to life is likely to ensue
Give the act, section and elements for the offence of
- Arson (immovable property)
Section 267(1)(b), Crimes Act 1961
Intentionally (OR) recklessly
Without claim of right
Damages by fire (OR) damages by means of explosive
Any immovable property (or any vehicle, ship or aircraft) In which that person has no interest
Give the act, section and elements for the offence of
- Arson (obtain benefit or cause loss)
Section 267(1)(c), Crimes Act 1961
Intentionally
Damages by fire (OR) damages by means of explosive
Any immovable property (or any vehicle, ship or aircraft)
With intent
To obtain benefit or to cause loss to any person
Give the act, section and elements for the offence of
- Attempted Arson
Section 268, Crimes Act 1961
Everyone
Attempts to commit arson
In respect of any ship/vehicle/property
Give the act, section and elements for the offence of
- Arson (no interest)
Section 267(2)(a), Crimes Act 1961
Intentionally OR recklessly Without claim of right Damages by fire OR by means of any explosive Any property In which that person has no interest
Give the act, section and elements for
- Arson (obtain benefit) OR (cause loss)
Section 267(2)(b), Crimes Act 1969
Intentionally OR recklessly
Damages by fire OR by means of any explosive
Any property
With intent to obtain any benefit OR to cause loss to any other person
Give the act, section and elements for
- Arson with reckless disregard for the safety of other property
Section 267(3), Crimes Act 1969
Intentionally
Damages by fire OR by means of any explosive
Any property
With reckless disregard to the safety of any other property
Give the act, section and elements for
- Intentional damage - danger to life
Section 269(1), Crimes Act 1961
Everyone Intentionally Destroys or damages Any property If he or she knows, or ought to know that danger to life is likely to ensue
Give the act, section and elements for
- Intentional damage - no interest
Section 269(2)(a), Crimes Act 1961
Intentionally And without COR Destroys or damages Any property In which that person has no interest
Give the act, section and elements for
- Intentional damage - obtain benefit or cause loss
Section 269(2)(b), Crimes Act 1961
Intentionally Without claim of right Destroys or damages Any property With intent to obtain any benefit OR to cause loss to any other person
Give the act, section and elements for
- Intentional damage - reckless disregard
Section 269(3), Crimes Act 1961
Intentionally
Destroys or damages
Any property
With reckless disregard to the safety of other property
Define the term 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) and any debt, and any thing in action, and any other right or interest
Define the term 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) and any debt, and any thing in action, and any other right or interest
Only tangible property is capable of being damaged by fire or explosive
An element of 267(1) is that the defendant knowingly puts a person’s life at risk
What is the case law?
What 2 tests should be proven?
Simester and Brookbanks - knowing means ‘knowing or correctly believing … the defendant may believe something wrongly, but cannot ‘know’ something that is false’.
This provision involves a subjective / objective test in relation to the defendant’s degree of knowledge
Subjective - what was the defendant thinking? Were they conscious of the risk to human life?
Objective - what would a reasonable person have thought in the circumstances, would they have recognised the risk?
Define claim of right
Section 2, Crimes Act 1961
Claim of right, in relation to any act, means a belief at the time of the act in a proprietary of 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
Define vehicle
Section 2, LTA 1998
(a) means a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved
(b) includes a hovercraft, skateboard, skates
Define ship
Section 2, Crimes Act 1961
Ship means every description of vessel used in navigation, however propelled, and includes any barge, dinghy, raft or like vessel
Define aircraft
Section 2, Crimes Act 1961
Aircraft has the same meaning as the Civil Aviation Act 1990
Section 2, Civil Aviation Act 1990
Aircraft means nay machine that can derive support in the atmosphere from reactions of the air
Define interest
Not defined by statute. Tenancy of a property constitutes interest in it
You cannot be convicted of arson if you have an interest in the property that is staged by fire
Outline the circumstances and findings of the key case law in regards to INTEREST in property.
In R v Wilson, the defendant was attempting to manufacture methamphetamine at his rented property. The clan lab ignited and the house burned down. In addition to drugs charges, Wilson was charged with recklessly damagin the house by fire under s267(1)(b).
Court of Appeal ruled that he could not be convicted of arson as his tenancy of property was an interest in that property and therefore provided him with a defence.
Outline the legislative definition of Attempts
Section 72(1), Crimes Act 1961 Attempts
Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
What is the ‘must know’ case law regarding a defendant’s conduct being sufficiently proximate to the offence?
R v Harpur
The Court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops…the defendant’s conduct may be considered in its entirety, Considering how much remains to be done…is always relevant, though not determinative.
Legally you are allowed to set fire to or damage your own property, however, there are exceptions to the general rule. What are these exceptions?
- you intend to cause loss to someone else as a result of the fire
- you know or ought to know that the fire will endanger life
- know that the fire is likely to destroy or damage someone else’s property as a consequence
Define benefit
Section 267(4), Crimes Act 1961 Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.
In the contact of arson, this includes damage to the defendant’s own property if it was done with the intention of incurring a benefit
Define pecuniary advantage
“Pecuniary advantage” means anything that improves the defendant’s financial position.
Define person
Gender neutral. Proven by judicial notice or circumstantial evidence.
Section 2, Crimes Act 1961
The legislation provides a wide definition of person to include not only real people, but also companies, public bodies, authorities and other organisations ; i.e. Police organisation is a ‘person’ under this wider definition
Define loss
Loss is not defined by statute; in most cases it will involve financial detriment to the victim. Criminality can only result from direct loss; it is not necessary that the victim’s loss result in a benefit to the offender
The relevant case law is R v Morley
‘Loss…is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.’
R v Morley
Loss…is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.
What intent must be proven in attempts to commit arson?
The crown must prove that the defendant intended to commit the full act of arson, and acted for the purposes of achieving that aim.
To be guilty of an attempt to commit an offence, what two things must a person do?
The Crown must prove that the defendant:
INTENDED to commit the full offence, and
Took a REAL & SUBSTANTIAL STEP to achieving their aim
What does R v Harpur say about attempts?
To be guilty of an attempt, a defendant’s conduct (the real and substantial steps) must have progressed past preparation and be sufficiently proximate to the offence
An attempt includes an act or omission that is part of a course of conduct that has been planned to culminate in the commission of the crime
Section 28, Fire Service Act 1975 infers powers to the person in charge of the Fire Service at a fire. What are those powers?
The right to:
- enter private property when it is on fire or endangered, or when entry is essential to performing a necessary duty
- close roads
- remove vehicles impeding the Fire Service - and, if necessary, break into vehicles for that purpose.
- remove people who are in danger or interfering with operations, using reasonable force if necessary.
- do anything else that is reasonably necessary for the protection of life and property
- take equipment into a scene
You can only use these powers if called upon by Fire to do so - Police do not have the right to simply exercise there by virtue of being at the fire.
List five common methods of setting fires.
Candles left burning Chemical igniters Electrical apparatus / devices left on Electric matches Matches and cigarettes Molotov cocktails Timing devices Trailers Readily combustible material (rubbish)
