Arson Flashcards
Section 267(1)(a) crimes act 1961
Arson - danger to life
Intentionally or recklessly
Damages by fire OR damages by means of explosive
Any property
Knows OR ought to know danger to life is likely to ensue.
Section 267(1)(b) crimes act 1961
Arson - no interest
Intentionally OR recklessly
Without claim of right
Damages by fire OR damages by means of explosive.
Any immovable property OR vehicle OR ship OR aircraft in which that person has no interest.
Section 267(1)(c) crimes act 1961
Arson - benefit / loss
Intentionally
Damages by fire OR damages by means of explosive.
Any immovable property OR vehicle OR ship OR aircraft.
With intent to obtain benefit OR cause loss to any other person
Intent definition
Deliberate act and intent to produce a result.
R v Collister
Intent may be inferred by
The offenders actions and words before, during and after.
The surrounding circumstances
The nature of the act.
Definition recklessly
Consciously and deliberately taking an unjustifiable risk
Cameron v R
The defendant knew their actions would bring about the prescribed result. Circumstances existed, and having regard to that risk, those actions were unreasonable.
R v Tipple
A deliberate decision to run the risk
Definition- without claim of right
A belief at the time of the act in a proprietary or possession right to the property
Definition- damages by fire
Burning or charing doesn’t have to be set alight. Melting, blistering of paint or smoke damage will suffice.
R v archer - damage
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
Definition Explosive
Substance or mixture capable of decomposition at a rapid rate that results in an explosion.
Includes gunpowder, dynamite, ammunition etc.
When will the fire service notify police
Death
Suspicious
Seriously injury
The fire service SFI (specialist fire investigator) will liaise with the police FILO (fire investigator liaison officer) in relation to 4x specific matters. What are they?
Hand over of scene
Access to the fire scene
Process for examination action and investigation
Identification and collection of evidence at the fire scene.
What are the police responsibilities at a fire scene and examination
Conduct the criminal investigation or colonial enquire
Undertake responsibility for the protection, collection, and recording of forensic evidence.