Arson Flashcards
Arson - Danger To Life
Intentionally or Reckless
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
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
Arson - Cause loss/obtain benefit
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
Intent
Must be an intention to commit the act and secondly an intention to get a specific result. Deliberate act. R v Collister – Words and actions of offender, before/after/during, nature of offence and circumstances surrounding.
R v Collister
Words and actions of offender, before/after/during, nature of offence and circumstances surrounding.
Recklessness
Cameron v R – Actions would bring prescribed results. Circumstances existed and actions were unreasonable given the risk.
Cameron v R
Actions would bring prescribed results. Circumstances existed and actions were unreasonable given the risk.
R v Tipple
Deliberate decision to run the risk.
Damages by fire
Fire is combustion resulting in a chemical reaction between fuel and oxygen triggered by heat. Does Not have to be set alight. R v Archer – Property may be damaged if it suffers permanent or temporary physical impairment of its use or value.
R v Archer
Property may be damaged if it suffers permanent or temporary physical impairment of its use or value.
Explosive
Substance or mixture capable of decomposition at a rapid rate that results in an explosion.
Property
Real and personal property, any estate or interest.
Know or ought to know
Awareness of the truth.
what would a reasonable person have thought?
R v Smith
Commons sense requires that “danger to life” should be interpreted as “danger to the life of some person other than the setter of the fire”.
Claim of right
A belief at the time of act to proprietary or possessory right to the property
Immovable
Currently fixed in place, although able to be moved and things growing in the land.
Interest
Interest is not defined in legislation however the courts have defined tenancy in a property as interest in it. R v Wilson.
R v Wilson.
Tenancy in a property as interest in it.
R v Morley
Loss is assessed by the extent to which the complainants position has
been diminished or impaired.
Cause Loss
Financial detriment
R v Morley – Loss is assessed by the extent to which the complainants position has
been diminished or impaired.
Benefit
Receiving pecuniary advantage, property, service or valuable consideration.
Obtain
Obtain or retain for himself.
