Arson Flashcards
Section 267(1)(a)
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
267(1)(b)
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
267(1)(c)
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
267(2)(a)
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
267(2)(b)
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
267(3)
Intentionally
Damages by fire or by means of any explosive
Any property
With reckless disregard for the safety of any other property
Reckless CL
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
Damage CL
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
Damage by fire
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
Explosive
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
Property
Real and personal property
Danger to Life
Human life and must be someone other than the defendant
Claim of right
A belief at the time of the act in a possessory or proprietary right to the property
Vehicle
A contrivance equipped with wheels, tracks or revolving runners on which it moves
Ship
Every description of vessel used in navigation, however propelled
Loss CL
R v Morley
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired
Person
Person, owner include any public body or local authority
Reckless def:
Conscious and deliberate taking of an unjustified risk
Benefit
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration
Interest
R v Wilson deemed tenancy of a property constitutes an interest
S268
Attempts
To commit arson
In respect of any immovable property, or any vehicle, ship or aircraft
Attempts
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.
S269(1)
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
269(2)(a)
Intentionally or recklessly
Without Claim of Right
Destroys or Damages
Any Property
In which that person has no interest
269(2)(b)
Intentionally or recklessly
Without claim of right
Destroys or damages
Any property
With intent to obtain benefit or cause loss to any other person
269(3)
Intentionally
Destroys or damages
Any property
With reckless disregard for the safety of any other property
272
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
Attempts CL
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.
Fire scene control, notification and hand over
- 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)
- Fire will notify police if it considers cause of fire suspicious or deliberately lit. (Or for fatalities and life threatening injuries)
- If police taking over scene will confirm hand over process with incident controller
- 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
- If multiple agencies then there will be a consultation prior to any scene examination to develop an investigation plan
- Investigation plan will include procedures and role of each agency
Specialist fire investigators and FILO will liase in relation to these 4 matters
- handover to fire scene
- access to fire scene
- process for examination and investigation
- identification and collection of evidence
Police responsibility
- conduct the criminal investigation
Or coronial enquiry - undertake responsibility for the protection, collection and recording of forensic evidence
