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.