Arson Flashcards
Section 267(1)(a) of the CA 1961
Danger to Life.
Intentionally or recklessly
Damages by fire or damages by means of explosive.
Any property
If he or she knows or ought to know that danger to life is likely to ensue.
Section 267(1)(b) of the CA 1961
Vehicle or Immovable Property.
Intentionally or recklessly
Without claim of rights
Damages by fire by damages means of explosive.
Any immovable property or vehicle worship or aircraft
In which that person has no interest
Section 267(1)(c) of the CA 1961
Causing Loss/Obtaining Benefit.
Intentionally
Damages by fire or by damages means of explosive.
Any immovable property or vehicle or ship or aircraft
With intent
To obtain any benefit / cause loss to another person.
What are the key elements of mens rea and actus reus in the context of Arson?
Intention to commit the act and intention to achieve a specific result.
Mens rea involves the conscious and deliberate undertaking of unjustified risk.
What does the case Cameron V R illustrate?
Recognition of real possibility that actions would lead to proscribed results.
It establishes that if the defendant recognizes a risk and acts unreasonably, it can constitute arson.
R V Tipple
Requires defendant know or have conscious appreciation of risk and makes deliberate decision to run the risk.
What is the definition of ‘Property’ under Arson law?
Real and personal property.
This includes immovable property, vehicles, ships, and aircraft.
Define ‘Immovable Property’.
Property fixed in place and cannot be moved without great effort.
Examples include buildings and land.
What is the definition of ‘Explosive’?
Substance capable of rapid decomposition resulting in explosion.
It is not limited to items like Molotov cocktails.
Fill in the blank: The process of _______ is a chemical reaction between fuel and oxygen triggered by heat.
combustion
What constitutes ‘Damage’ in the context of property?
Permanent or temporary physical harm or impairment to value.
Damage must be causally related to fire.
What does ‘Claim of Right’ refer to?
Belief that one has a propriety or possessory right in relation to property.
This may be based on ignorance, mistake, or a matter of law.
True or False: ‘Interest’ in property is defined in the context of arson law.
False.
Interest is not explicitly defined; however, tenancy is considered an interest.
How is ‘Cause Loss’ assessed in arson cases?
Financial detriment person.
By the extent to which the complainant’s position prior to the offence has been impaired.
This is illustrated in the case R v Morley.
What does ‘Danger to Life’ encompass?
Risk to the life of any person other than the accused.
Life is interpreted as human life.
R V Smith
Relates to ‘Danger To Life’
Should be interpreted as danger to the life of any person other than themselves. Life equals human life.
Recklessly
Conscious and deliberate undertaking of unjustified risk.
Fire
Process of combustion. A chemical reaction between fuel and oxygen triggered by heat.
Explosive
Substance one mixture of combination of substances which in its normal state of capable of decomposition at such rapid rate results and explosion or results. Not a lot of cocktail.
R V Archer
Property may be damaged if it suffers permanent or temporary physical harm or payment to value. Relates to damages by fire.
Benefit
Any pecuniary advantage, privilege.
Ship
Vessel used in navigation however propelled
Obtain
Obtain or retain for himself or others
R V Morley
Related to ‘Cause Loss’
Loss is assessed by extent to which complainant’s position prior to the offence has been impaired
Like to Ensue
Accused merely must know there’s a chance/risk of danger to life.
Knows or ought to know
Subjective - What did they know?
Objective - What would any reasonable person know?
Knows or ought to know
Subjective - What did they know?
Objective - What would any reasonable person know?
