Arson

Question 1

Section 267(1)(a)

Answer 1

Arson - Danger to life

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

Question 2

267(1)(b)

Answer 2

Arson- Vehicle/Immovable property

Intentionally or Recklessly
Without Claim of Right
Damages by fire or by means of any explosive
Any immovable property or vehicle or ship or aircraft
In which that person has no interest

Question 3

267(1)(c)

Answer 3

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 benefit or cause loss to any other person

Question 4

267(2)(a)

Answer 4

Intentionally or recklessly
Without claim of right
Damages by fire or by means of any explosive
Any property
In which that person has no interest

Question 5

267(2)(b)

Answer 5

Intentionally or recklessly
Damages by fire or by means of any explosive
Any property
With intent to obtain any benefit or with intent to cause loss
To any other person

Question 6

267(3)

Answer 6

Intentionally
Damages by fire or by means of any explosive
Any property
With reckless disregard for the safety of any other property

Question 7

Reckless CL

Answer 7

Cameron v R
Recklessness established

If the defendant recognised that there was a real possibility that
His or her actions would bring about a proscribed result
That the proscribed circumstances existed
Having regard to that risk those actions were unreasonable

Question 8

Damage CL

Answer 8

R v Archer

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

Question 9

Damage by fire

Answer 9

Fire damage will often involve burning or charring, it is not necessary that the property is set alight. Melting, blistering of paint or significant smoke damage will suffice

Question 10

Explosive

Answer 10

Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect

Question 11

Property

Answer 11

Real and personal property

Question 12

Danger to Life

Answer 12

Human life and must be someone other than the defendant

Question 13

Claim of right

Answer 13

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

Question 14

Vehicle

Answer 14

A contrivance equipped with wheels, tracks or revolving runners on which it moves

Question 15

Ship

Answer 15

Every description of vessel used in navigation, however propelled

Question 16

Loss CL

Answer 16

R v Morley

Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired

Question 17

Person

Answer 17

Person, owner include any public body or local authority

Question 18

Reckless def:

Answer 18

Conscious and deliberate taking of an unjustified risk

Question 19

Benefit

Answer 19

Any benefit, pecuniary advantage, privilege, property, service or valuable consideration

Question 20

Interest

Answer 20

R v Wilson deemed tenancy of a property constitutes an interest

Question 21

S268

Answer 21

Attempts
To commit arson
In respect of any immovable property, or any vehicle, ship or aircraft

Question 22

Attempts

Answer 22

Def 72: crimes act

Having intent to commit an imprisonable offence, Does or omits an act for the purpose of accomplishing his object, is guilty of an attempt, whether in the circumstances it was possible to commit the offence or not.

Question 23

S269(1)

Answer 23

Intentional Damage

Intentionally or recklessly
Destroys or damages
Any property
If he or she knows or ought to know
Danger to life is likely to result

Question 24

269(2)(a)

Answer 24

Intentionally or recklessly
Without Claim of Right
Destroys or Damages
Any Property
In which that person has no interest

Question 25

269(2)(b)

Answer 25

Intentionally or recklessly
Without claim of right
Destroys or damages
Any property
With intent to obtain benefit or cause loss to any other person

Question 26

269(3)

Answer 26

Intentionally
Destroys or damages
Any property
With reckless disregard for the safety of any other property

Question 27

272

Answer 27

Providing explosives to commit an offence

Knowingly
Has in his or her possession
Any explosive substance, or any dangerous engine, instrument or thing
With the intent to use or enable another person to use
The substance, dangerous engine, instrument or thing
To commit an offence

Question 28

Attempts CL

Answer 28

The court may have regard for the conduct viewed cumulatively up to the point when the conduct in question stops….. the defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant, though not determinative.

Question 29

Fire scene control, notification and hand over

Answer 29

1. Fire service has authority while fire is in progress until extinguished and no further threat to life or property (then handed over - may be to police)
2. Fire will notify police if it considers cause of fire suspicious or deliberately lit. (Or for fatalities and life threatening injuries)
3. If police taking over scene will confirm hand over process with incident controller
4. Handover will not happen until danger of fire, structural collapse, exposure to dangerous products of combustion & other hazards have been identified, eliminated, isolated or minimised
5. If multiple agencies then there will be a consultation prior to any scene examination to develop an investigation plan
6. Investigation plan will include procedures and role of each agency

Question 30

Specialist fire investigators and FILO will liase in relation to these 4 matters

Answer 30

• handover to fire scene
• access to fire scene
• process for examination and investigation
• identification and collection of evidence

Question 31

Police responsibility

Answer 31

• conduct the criminal investigation
  Or coronial enquiry
• undertake responsibility for the protection, collection and recording of forensic evidence