Arson Flashcards

(39 cards)

1
Q

Section 267 (1) Everyone commits Arson and is liable to imprisonment for a term not exceeding 14 years who-

(a) ?

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

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2
Q

Section 267 (1) Everyone commits Arson and is liable to imprisonment for a term not exceeding 14 years who-

(b)

A

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

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3
Q

Section 267 (1) Everyone commits Arson and is liable to imprisonment for a term not exceeding 14 years who-

(c)

A

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

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4
Q

S267(2)
Everyone commits arson and Is liable to imprisonment for a term, not exceeding seven years who

(a)

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

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5
Q

S267(2)
Everyone commits arson, and is liable to imprisonment for a term, not exceeding seven years who

(b)

A

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

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6
Q

S267(3)

A

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

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7
Q

What are the two specific types of intention?

A

Intention to commit the act

Intention to get a specific result

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8
Q

What are four things that help prove intent?

A

Offenders admissions
Offenders actions before, during and after
Surrounding circumstances
Nature of the act itself

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9
Q

Reckless is established if?

Cameron v R

A

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.

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10
Q

Proving recklessness- what two things will have to be proved?

A

Defendant consciously and deliberately ran risk

That risk was unreasonable in the circumstances.

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11
Q

Define damage by fire

A

Burning, charring, melting, blistering or smoke damage

Any change in an object which impairs its usefulness or value.

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12
Q

R v Archer (Damage)

A

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

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13
Q

What is Fire?

A

Result of process of combustion- chemical reaction between fuel and oxygen, triggered by heat

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14
Q

Define explosive?
S 2 Arms Act 1983

A

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

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15
Q

Define property?

A

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.

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16
Q

Define ‘knows or ought to know’

Simester and Brookbanks

A

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

17
Q

Define ‘claim of right’
s 2 CA 61

A

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)

18
Q

What are the three ‘beliefs’ that are required when considering ‘Claim or right’

A

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

19
Q

Describe Immovable Property?

A

If it is fixed in place, buildings, trees, crops

20
Q

Define vehicle?

A

Contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.

21
Q

Define ship

A

Every description of any Vessel used in navigation, however propelled, barge, dinghy, raft

22
Q

Define aircraft

A

Any machine that can derive support in the atmosphere from the reactions of the air

23
Q

Define obtain

A

Obtain or retain for himself or other person

24
Q

Define benefit

A

Pecuniary advantage, privilege, property, service or valuable consideration

25
Define cause loss R v Morley (loss is assessed..)
Loss is assessed by the extent to which the complainants position prior has been diminished or impaired
26
What is the section for ‘attempted arson’?
S268 - 10 years, immovable property, ship etc. Hard to prove.
27
What must be proved for attempted arson? (intended to commit …)
Intended to commit offence and took a real and substantial step towards achieving that aim S72 Crimes Act - attempts Past the stage or preparation, sufficiently proximate to the offence R v Harpur- and act or omission constituting a substantial step in a course of conduct.
28
R v Harpur
Court will have regard to the conduct viewed cumulatively up to the point where the conduct stops.
29
What are the three possible points of origin of a fire?
The exact point it was maliciously lit The place where a component failed Where a fire was accidentally started.
30
Name 10 careless causes
Misused electricity Playing with matches, lighters Burning off paint Vagrants lighting fires Welding Clothes near heaters Ironing Fireworks Burning rubbish Camp fires Smoking
31
Describe the purposes of Conferences
Outline the procedure for examination/investigation Identify suspects Establishing motives Accessing information Reconstructing scenes
32
Who could attend a conference?
Specialist fire investigator FILO OC CIB oC file Soco Photographer Investigators
33
What can determine the cause of the fire?
Foreign materials Inconsistencies Unusual burn patterns Evidence of accelerants Evidence of interference Valuable property removed Furniture rearranged Evidence of heaters left on
34
How to determine the seat of the fire
Witnesses When noticed, where they were State of fire when noticed Wind direction, speed Direction of spread Clout of flames,smoke Severity of damage Depth of charring Presence of starting devices
35
Entering the scene, what could/should you do
Create a path to centre, stepping plates or plastic Get ESR to swab Verticals sheets of iron are a source of residue
36
What are some considerations for exhibits
Photograph in with Use arson kits Obtain samples of charred wood, soils samples, accelerants
37
Are you allowed to set fire to your own property?
Yes unless you intend to cause loss to someone else, that will endanger life, that fire will cause damage to someone else’s property.
38
What are the Police responsibilities at a fatal fire?
Conduct criminal/coronial enquiry. Undertake protection, collection and recording of forensic evidence. Collection and removal of material Preservation, analysis, and disposition of any such material
39
What powers are confered by a section 42 of FENZ act 2017
Enter land, building, structure Break into (above) Take or send any equipment or machine into, through or upon above Remove and flammable, combustible, or explosive etc from that place Pull down or shore up buildings