Arson Flashcards
(39 cards)
Section 267 (1) Everyone commits Arson and is liable to imprisonment for a term not exceeding 14 years who-
(a) ?
Intentionally or recklessly
Damages by fire or by means of explosive
Any property
If he or she knew, or ought to know
That danger to life is likely to ensue
or
Section 267 (1) Everyone commits Arson and is liable to imprisonment for a term not exceeding 14 years who-
(b)
Intentionally or recklessly and
Without claim of right
Damages by fire or by means of any explosive
Any immovable property
Or any vehicle, ship or aircraft
In which that person has no interest
or
Section 267 (1) Everyone commits Arson and is liable to imprisonment for a term not exceeding 14 years who-
(c)
Intentionally damages by fire or by means of any explosive
Any immovable property
Or any vehicle ship or aircraft
With intent to obtain any benefit
Or to cause loss to any other person
S267(2)
Everyone commits arson and Is liable to imprisonment for a term, not exceeding seven years who
(a)
Intentionally or recklessly, and without claim of right damages by fire, or by means of any explosive any property, in which that person has no interest
S267(2)
Everyone commits arson, and is liable to imprisonment for a term, not exceeding seven years who
(b)
Intentionally or recklessly damages by fire, or by means of any explosive any property with intent to obtain any benefit or intent to cause loss to any other person
S267(3)
Everyone is liable to imprisonment for a term, not exceeding five years who intentionally damages by fire, or by means of any explosive any property with reckless disregard for the safety of any other property
What are the two specific types of intention?
Intention to commit the act
Intention to get a specific result
What are four things that help prove intent?
Offenders admissions
Offenders actions before, during and after
Surrounding circumstances
Nature of the act itself
Reckless is established if?
Cameron v R
The defendant recognised that there was a real possibility that:
i His actions would bring about the proscribed result
ii. That the proscribed circumstances existed
And
Having regard to that risk those actions were unreasonable.
Proving recklessness- what two things will have to be proved?
Defendant consciously and deliberately ran risk
That risk was unreasonable in the circumstances.
Define damage by fire
Burning, charring, melting, blistering or smoke damage
Any change in an object which impairs its usefulness or value.
R v Archer (Damage)
Property may be damaged if it suffers permanent or temporary physical harm or impairment of its use or value.
What is Fire?
Result of process of combustion- chemical reaction between fuel and oxygen, triggered by heat
Define explosive?
S 2 Arms Act 1983
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or pyrotechnic effect.
Includes gunpowder, nitroglycerins, dynamite flare fuses rockets….
Any device which uses any substance mixture….-/ an integral part for the purposes of producing an explosion
Does not include a firearm
Define property?
Includes any real or personal property, and any estate or interest in any real or personal property, money, electricity and debt, and any thing in action and any right or interest.
Only tangible property can be damaged by fire.
Define ‘knows or ought to know’
Simester and Brookbanks
Knowing or correctly believing
Subjective /objective test
What were they thinking at the time? did they know that human life was likely to be endangered?
If no, then would a reasonable person have recognised the risk?
‘Life’ means any other persons life
Define ‘claim of right’
s 2 CA 61
A belief at the time in a proprietary or possessory right in property to which the offence is alleged to have been committed (although may be based on ignorance or mistake)
What are the three ‘beliefs’ that are required when considering ‘Claim or right’
Belief in a proprietary or possessory right to property
Must be a belief in right to property in question
Belief must be held at the time of the conduct constituting the offence
Describe Immovable Property?
If it is fixed in place, buildings, trees, crops
Define vehicle?
Contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.
Define ship
Every description of any Vessel used in navigation, however propelled, barge, dinghy, raft
Define aircraft
Any machine that can derive support in the atmosphere from the reactions of the air
Define obtain
Obtain or retain for himself or other person
Define benefit
Pecuniary advantage, privilege, property, service or valuable consideration