Arson

Question 1

What is arson danger to life elements?

Answer 1

1- Intentionally/recklessly
2- damages by fire/by explosive
3- any property
4- if he knows/ought to know danger to life likely to ensue

Question 2

What is arson no interest in property elements?

Answer 2

1- Intentionally/recklessly
2- without claim right
3- damages by fire or by means of any explosive
4- any immovable property/veh/ship/aircraft
5- in which that person has no interest

Question 3

Ingredients of arson (cause loss)

Answer 3

1- Intentionally
2- damages by fire/by explosive
3- any immovable property/veh/ship/aircraft
4- with Intent
5- to obtain any benefit or cause loss to any other person

Question 4

Define the 2 types of intention in an offence

Answer 4

To commit the act AND

To get a specific result

Question 5

Defines recklessness

Answer 5

Involves conscious and deliberate taking of an unjustified risk

Question 6

Discuss CAMERON v R case law in reference to recklessness

Answer 6

Established if:

Defendant recognised, real possibility that:
Actions would bring about proscribed result and/or
The proscribed circumstances existed

Those actions were unreasonable

Question 7

Outline part a and b of the “Cameron test” in relation to recklessness

Answer 7

Part a: subjective test - “real possibility”

Part b: objective test - actions objectively reasonable

Question 8

Describe the key word of “damages by fire” ie as a result the property was…..

Answer 8

Scorched
Charred
Melting 
Blistering 
Smoke damage

Question 9

Claim of right define with key words

Answer 9

Belief at
time of act
Owned
Or had a right to possess property

Question 10

Define an explosive

Answer 10

Substance in normal state capable of decomposition @ such a rapid rate result in explosion/pyro effect

Question 11

Knows or ought to know 2 part test?

Answer 11

Subjective:
What was def thinking at time/know human life be endangered
Objective:
Reasonable person have thought/recognise risk