Arson Flashcards
Section and elements for Arson - 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
Section and elements for Arson - Vehicle/Immovable property
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
Section and elements for Arson - cause loss/obtain benefit
Section 267(1)(c) Crimes Act 1961
-Intentionally
-Damages by fire OR damages by means of any explosive
-Any immovable property OR vehicle OR ship OR aircraft
-With intent
-To obtain any benefit OR cause loss to any other person
Section and elements for Arson - Lesser property (no interest)
Section 267(2)(a) Crimes Act 1961
-Intentionally OR recklessly
-Without claim off right
-Damages by fire OR by means of any explosive
-Any property
-In which that person has no interest
Section and elements for Arson - Lesser property (cause loss)
Section 267(2)(b) Crimes Act 1961
-Intentionally OR recklessly
-Damages by fire OR by means of any explosive
-Any property
-With Intent
-To obtain any benefit OR cause loss to any other person
Section and elements for Arson - Safety of others
Section 267(3)
-Intentionally
-Damages by fire OR by means of any explosive
-Any property
-With reckless disregard for safety of others
Case law and application - R v Collister
Application - Intent
Circumstantial evidence from which an offender’s intent may be inferred from include
-offender’s actions and words before, during and after the event
-the surrounding circumstances
-the nature of the act itself
Case law and application - R v Cameron
Application - Recklessness
Recklessness is established if the defendant recognised that there was a real possibility that his or her actions would bring about the proscribed results and/or that the proscribed circumstances existed and having regard to that risk those actions were unreasonable
Prove recklessness
-The defendant consciously and deliberately ran a risk (subjective)
-The risk was unreasonable to take in the circumstances as they were known to the defendant (objective)
Define damage by fire
Often involve burning or charring, can include melting, blistering of paint or significant smoke damage
Case law and application - R v Archer
Application -Damage by fire
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value
Define fire
Chemical reaction between fuel and oxygen triggered by heat. All three elements must be present to start or continue
Define explosive
Any substances or mixture of combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect
Does not include fireworks
Define property
Any real and personal property, any estate or interest in any real or personal property
Define claim of right
Proprietary or possessory right in property in relation to which the offence is alleged to have been committed
Claim of right defence
-Belief in possessory or proprietary right in property
-Belief in relation to the property in which offence committed
-Belief must be held at the time
-Belief must be actually held by defendant, regardless if unreasonable or not
Explain immovable property
Relates to buildings and land and things growing on land. Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable.
Define vehicle
A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.
Excludes, rail vehicle pedestrian controlled lawnmower, other things not propelled by mechanical power
Define ship
Every description of vessel used in navigation, however propelled
Define aircraft
Any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth
Explain interest
Not defined by legislation however courts have held that tenancy of property constitutes an interest in it (R v Wilson)
Define obtain
Means to obtain or retain for himself or herself or for any other person
Define benefit
Means any benefit, pecuniary advantage, privilege, property, service or valuable consideration
Case law and application - R v Morley
Application - Cause loss
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired