Arson Flashcards
Cameron v R
Recklessness is established if the defendnat recognied that there was a real posibility that his actions would bring about the proscribed result and/or that hte proscribed circumstances existd and having regards to that risk those actions were unreasonable
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.
R v Harpur
The court may have regard to the conduct viewed culmatively until it stops. What remains to be done is always relevant.
R v Morley
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.
Elements of Arson - Danger to Life
267(1)(a) Crimes Act 1961
*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
Elements of Arson - No Interest
267(1)(b) Crimes Act 1961
- Intentionally or recklessly
- Damages by fire or damages by means of any explosive
- Any immovable property OR Vehicle OR Ship Or Aircraft
- In which that person has no interest
Elements of Arson - Causing Loss/Benefit
S267(1)(c) Crimes Act 1961
* Intentionally
* Damages by fire
* Any immovable property OR Vehicle OR Ship Or Aircraft
* With intent
* To obtain any benefit or cause loss to any other person.
Elements of Arson - Other Property
S267(2)(a) Crimes Act 1961
* Intentionally or recklessly
* Damages by fire or by means of any explosive
* Any property
* In which that person has no interest
Elements of Arson - Other Property to Cause Loss/Benefit
S267(2)(b) Crimes Act 1961
* Intentionally or recklessly
* Damage by fire or by means of any explosive
* Any property
* With intent to obtain any benefit or with intent to cause loss to any person
Elements of Intentional Damage - Danger to Life
S269(1) Crimes Act 1961
* Intentionally or Recklessly
* Without claim of right
* Destroys or damages property
* If he or she knows or ought to know that danger to life is likely to result
Elements of Intentional Damage - No interest
S269(2)(a) Crimes Act 1961
* Intentionally or recklessly
* Without claim of right
* Destroys or damages any property
* In which that person has no interest.
Elements of of Intentional Damage - Benefit
S269(2)(b) Crimes Act 1961
* Intentionally or Recklessly
* Without Claim of Right
* Destroys or damages any property
* With intent to obtain any benefit or with intent to cause loss to any person
List common hazards
- Ingestion of particles
- Cuts
- Airborne dusts
- Tripping
- Falling into cavaties
- Items falling
*Toxic fumes
I CAT FIT
What protective clothing is required during a scene exam?
- Helmet
- Glasses
- Mask
- Overalls
- Gloves
- Steel caps
How can timber risks be mitigated?
Take note of thickness of structural members, the load, and any sounds.
How can concrete risks be mitigated?
Look for spalling, discolouration and cracking.
How can masonry risks be mitigated?
Look for cracking, leaning and bowing.
What is the procedure to investigate a suspicious fire?
- Interview informant
- Secure scene
- Initial interview of fire investigator and O/C of first appliance.
- Interview the incident controller
- Ensure safety at the scene if fire is extinguished.
- Briefing Conference
- Confer with other police to control scene and conduct enquiries.
- Contact Comms and give Sit Rep