Arson Flashcards
Crimes Act Section 267(1)(a)
Arson - Danger to Life
Elements: CA1961 Section 267(1)(a)
(Arson - Danger to life)
- 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.
Definition: Intent
Intent to commit the act and intent to get the specific result.
Case Law: Intent
R v Collister
Definition: Recklessly
Acting recklessly involves the conscious and deliberate taking of an unjustified risk
Case Law: Recklessly
- Cameron v R
- R v Tipple
Definition: Damages by fire
Burning or charring, does not need to be set alight; melting, blistering of paint or significant smoke damage may be sufficient.
Case Law: Damage by fire
(and explosive)
R v Archer(4)
Definition: Explosive
A mixture of substance capable of decomposition at a rapid rate that results in explosion.
S2 Arms Act
Definition: Property
Section 2(1), Crimes Act 1961 - Real and personal property, and any estate or interest in any real or personal property.
RTS: The clicker is real and personal property.
Defintion: Knows
Knowing means “correctly believing”
The Defendant may believe something wrongly, but cannot “know” something that is false.
Simester and Brookbanks.
Definition: Danger to life
Must be someone else’s life and must be human.
Definition: Immovable property
It is currently fixed in place and unable to be moved, even though it may be possible to make it moveable. E.G Building.
Definition: Likely to ensue
A Defendant merely has to know that there is a chance, or a risk of danger to life.
(Lesser threshold for the mental element than ‘knows’)
Crimes Act 1961, Section 267(1)(b)
Arson - Vehicle/immovable property - no interest)
Elements: CA1961 Section 267(1)(b)
(Arson - Vehicle/Immovable property - No interest)
- 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.
Definition: Vehicle
Equipped with wheels, tracks, or revolving runners on which it moves or is moved.
Includes hovercraft, skateboard, in-line skates and roller skates.
Definition: Ship
Vessel used in navigation, however propelled.
Definition: Aircraft
Derives support from the air.
Definition: Person
Gender neutral, proved by JN or circumstantial evidence.
Also includes a corporation and the crown.
Case Law: Interest
R v Wilson
(He rented property and clan lab ignited and burnt house down, was charged with 267(1)(b).
Court of appeal ruled that he could not be convicted of arson as his tenancy of the property was an interest in that property).
Case Law: Danger to life
R v Smith(5)
Crimes Act 1961, Section 267(1)(c)
Arson - Cause loss/Obtain benefit
Elements: CA1961 - S267(1)(c)
Arson - Cause loss/Obtain benefit
- Intentionally
- Damages by fire or damage by means of explosive
- Any immovable property or vehicle or ship or aircraft
- With intent
- To obtain any benefit or cause loss to any other person.
Definition: Claim of right
A belief at the time of the act in a proprietary or possessory right in property in relation to offence.
A genuine mistake as to a set of facts can be excuse.
A genuine mistaken view relating to a set of facts may provide a valid defense.
Definition: Benefit
Receiving property, service, valuable consideration or pecuniary advantage.
Definition: Loss
Financial detriment to the Victim.
Case Law: Loss
R v Morley
Definition: Fire
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.
All 3 elements must be present in correct proportions.
Subjective Test vs Objective Test
Subjective: What was the Defendant thinking at the time? did the Defendant know that human life was likely to be endangered by his actions.
Objective: what would a reasonable person have thought in the same circumstances? would a reasonable person have recognised the risk.
Definition: Obtain
Obtain or retain for himself or herself or for any other person.
What should you do in relation to guarding and controlling the scene?
- Ensuring the scene is not interfered with
- Exclusion and control of on-lookers, property owners and other interested parties
- Preserving evidence
- Preventing looting
- Br aware of re-ignition from hotspots after fire is extinguished
- Be vigilant and watch for possible suspects
- Identify any witnesses among onlookers and passers-by
- Report all matter of significane to the O/C investigation and or scene co-ordinator.
