Arson

Question 1

Arson - Danger To Life

Answer 1

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

Question 2

Arson (vehicle/immovable property - no interest)

Answer 2

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

Question 3

Arson - Cause loss/obtain benefit

Answer 3

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

Question 4

Intent

Answer 4

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.

Question 5

R v Collister

Answer 5

Words and actions of offender, before/after/during, nature of offence and circumstances surrounding.

Question 6

Recklessness

Answer 6

Cameron v R – Actions would bring prescribed results. Circumstances existed and actions were unreasonable given the risk.

Question 7

Cameron v R

Answer 7

Actions would bring prescribed results. Circumstances existed and actions were unreasonable given the risk.

Question 8

R v Tipple

Answer 8

Deliberate decision to run the risk.

Question 9

Damages by fire

Answer 9

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.

Question 10

R v Archer

Answer 10

Property may be damaged if it suffers permanent or temporary physical impairment of its use or value.

Question 11

Explosive

Answer 11

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

Question 12

Property

Answer 12

Real and personal property, any estate or interest.

Question 13

Know or ought to know

Answer 13

Awareness of the truth.
what would a reasonable person have thought?

Question 14

R v Smith

Answer 14

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”.

Question 15

Claim of right

Answer 15

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

Question 16

Immovable

Answer 16

Currently fixed in place, although able to be moved and things growing in the land.

Question 17

Interest

Answer 17

Interest is not defined in legislation however the courts have defined tenancy in a property as interest in it. R v Wilson.

Question 18

R v Wilson.

Answer 18

Tenancy in a property as interest in it.

Question 19

R v Morley

Answer 19

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

Question 20

Cause Loss

Answer 20

Financial detriment
R v Morley – Loss is assessed by the extent to which the complainants position has
been diminished or impaired.

Question 21

Benefit

Answer 21

Receiving pecuniary advantage, property, service or valuable consideration.

Question 22

Obtain

Answer 22

Obtain or retain for himself.