Arson

Question 1

Intent

Answer 1

Intent to commit the act and get the specific result.

Question 2

R v Collister

Answer 2

Words and actions of the offender, before/during/after, nature of circumstances surrounding, nature of offence itself indicate intent.

Question 3

Cameron v R (simple terms)

Answer 3

Action would bring prescribed result. Circumstances existed and actions were unreasonable given the risk.

Question 4

R v Tipple

Answer 4

Know of or have a conscious appreciation of the risk, and deliberate decision to run the risk.

Question 5

Damages by fire

Answer 5

Burning or charring. Doesn’t have to be set alight.

Question 6

R v Archer

Answer 6

Property damaged if it suffers permanent/temporary harm, or permanent/temporary impairment to use or value.

Question 7

Explosive

Answer 7

Substance or mixture capable of decomposition at a rapid rate that results in an explosion.

Question 8

Property

Answer 8

Real and personal property, any estate or interest.

Question 9

Knowing

Answer 9

Awareness of the truth. For arson, knowing must exist and belief must be correct.

Question 10

Without claim of right

Answer 10

A belief at the time of act to proprietary or possessory right to the property.

Question 11

Immovable

Answer 11

Currently fixed in place, although able to be moved (eg house, trees).

Question 12

Vehicle

Answer 12

Wheels/tracks/rollers/runner on which it can move or be moved.

Question 13

Ship

Answer 13

Any description of vehicle used in navigation.

Question 14

Aircraft

Answer 14

Machine that derives support from the air.

Question 15

R v Morley

Answer 15

Loss is assessed by the extent to which the complainants position has been diminished or impaired.