Arson Flashcards
Arson - Elements (Danger to life)
Section 267(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
Intent definition
To do an act and to achieve a specific result
Intent Case Law
R v COLLISTER
- Circumstantial evidence an offenders intent maybe inferred can include
- Actions/Words before, during or after the event
- Surrounding circumstances
- Act itself
Reckless definition
Consciously and deliberately ran a risk that was unreasonable given the circumstances
Reckless Case Law
CAMERON v R
- The defendant recognised a real possibility his actions would bring about a proscribed result and it was unreasonable in the circumstances
Damages by fire (Case Law)
R v ARCHER
- Property maybe damaged if it suffers temporary or permanent physical harm of its value or use
Explosive (Definition)
Substance or mixture or combination of substances which is capable of decomposition at a rapid rate as to result in explosion or producing a pyrotechnic effect – (Section 2(1) Arms Act 1983)
Property (Definition)
Real and personal property and any estate or interest in real or personal property – (Section 2(1) Crimes act 1961)
Knowledge (Definition)
Knowing or believing correctly
Knowledge (Case Law)
AP SIMESTER AND WJ BROOKBANKS, PRINCIPLES OF CRIMINAL LAW (4TH ED, BROOKERS, WELLINGTON, 2012)
- Knowing or believing correctly. The defendant cannot know something that is false
Danger to life (Definition)
Human life and the danger is to someone other than the defendant
Arosn - Elements (Immovable Property - No interest)
Section 267(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
Claim of right (Definition)
Propriety right to the property – (Section 2 Crimes Act 1961)
Immovable Property (Definition)
Currently fixed and unable to move although can be made to move
Vehicle (Definition)
Contrivance with wheels or revolving runners which it moves – Section 2 LTA 1998
Ship (Definition)
Vessel used in navigation – Section 2 Crimes Act 1961
Aircraft (Definition)
Any machine that derives support in the atmosphere from reactions of the air – Section 2 Civil Aviation Act 1990
Interest (Case Law)
R v WILSON
Tenancy of a property constitutes an interest
Arson - Elements (Cause loss or obtain)
Section 267(1)(c) Crimes Act 1961
- Intentionally
- Damages by fire or Damages by means of any explosive
- Any property or Vehicle or ship or Aircraft
- With intent to obtain any benefit or cause loss to any other person
Obtain (Definition)
Retain for themselves or any other person – (Section 217 Crimes Act 1961)
Benefit (Definition)
Crimes Act 1961 Section 267(4)
Pecuniary advantage, privilege, property, service or valuable consideration
Loss (Definition)
In most cases will involve a financial detriment to the victim
Loss (Case Law)
MORLEY v R
Induced or caused in reliance by the deception
Fire (Definition)
For fire to start or continue - fuel, oxygen and heat must be present in the correct proportions. When fuel is heated to its ignition temperature, it releases gases which then react with oxygen molecules in the air - this reaction results in the release of heat and light energy
