arson Flashcards
criminal law is broken up into two types of intent… they are…
(definition of intent)
deliberate act, specific outcome.
whose responsibility is it to provie intent?
Prosecution.
circumstantial evidence to which an offenders intent may be inferred
Actions/words before, during, after.
surrounding circumstances
nature of act itself.
proving recklessness is broken up into two parts…
- they conscioulsy and deliberately ran a risk (subjective)
- the risk was unreasonable given the circumstances (objective- based on whether a reasonable person would have taken that risk)
what is fire the result of
combustion- a chemical reaction between fuel and oxygen triggered by heat.
definition of an 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
examples of explosives
ammunition
cartridges
detonators
dynomite
flares
gunpowder
rockets
are firearms and fireworks considered explosives?
no, neither of them meet the legal definition of an explosive
can you damange intangible property by fire or explosive?
you can damage it indirectly. for example damaging a computer where information was stored and now it is irritreviable
In the context of 267(1) what does danger to life mean
a human life other than the defendants.
what is not considered a vehicle
push chair.
shopping trolley.
wheel barrow.
pedistrian powered lawn mower.
wheelchairs without motors.
does tenancy count as a persons interest in a property?
yes, a tenant cannot be convicted of recklessly damaging the tenanted property by fire.
Though they can be convicted if they intentionally caused loss to any other person or knew that danger to life was likely to ensue.
define person/owner
Board,
company,
crown,
public body,
local authority,
society
to be guily of an attempt you must
intend to commit the offence
take real and substantial steps towards achieving that aim
section 72 attempts
everyone who has
an intent to commit an offence
does or omits an act
for the purpose
of accomplishing his object
is guilty of an attempt
whether or not in the circumstances
it was possible to commit that offence
to be guilty of an attempt the defendant must have…?
progressed past the stage of preparation and commenced actions to intended to commit the full offence
american model penal code examples of an attempt
- enticing the victim to go to the scene of the contemplated crime
- lying in wait, searching for or following the contemplated victim
- possession, collection or fabrication of materials to be employed in the commission of the crime
- reconnoitring the scene of the contemplated crime
- soliciting an innocent agent to engage in conduct constituting an element of the crime
- unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be committed
The Fire Service Specialist Fire Investigator will liaise with the designated Police Fire Investigation Liaison Officer or other member of Police in relation to four specific matters.
-access to fire scene
-handover of fire scene.
-ID / collection of exhibits
- process for examination/investigation
proving knowledge in providing explosives to commit an offence
it must be proved that the offender knowingly had the substance in his possession and also that he knew it to be an explosive substance.
Providing ‘explosives’ covers what kind of items
covers dangerous engines and instruments and things; devices intended to explode or cause fire or emission of noxious things.
Possession of explosive device re Section 272 Crimes Act 1961 Providing explosives to commit an offence
(intent)
made it or possess it with intent for it to be used by another person.
They do not need to know the ID of that person or how it will be used.
In determining the seat of the fire, list some of the matters the specialist fire investigator should consider.
− witnesses’ reports
− when they first noticed the fire and where they were at the time
− the state of the fire at that time
− wind direction and speed, weather
− the direction of spread
− the colour of the flames and smoke
− severity of the damage
− depth of charring
− the presence of starting devices
− reports and opinions from other specialists.
List examples where carelessness may cause a fire.
− misusing electricity
− children playing with matches, cigarette lighters and so on
− burning off paint
− vagrants lighting fires
− welding and other industrial processes
− leaving clothes near heating
− wrapping up live ashes in paper
− ironing
− setting off fireworks
− using or storing flammable materials
− burning rubbish
− using domestic or camp fires
− leaving a stove or heater on
− leaving fat unattended while cooking
− smoking
List examples of material used to start a fire.
− candles
− chemical igniters
− electrical apparatus (irons, heaters etc)
− electric matches
− matches and cigarettes
− Molotov cocktails
− readily available combustible material
- rubbish
− timing devices
− trailers