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Arson Flashcards

1
Q

What are the three arson offences?

A

Arson - Danger to Life

Arson - Immovable property/vehicle - no interest

Arson - Cause loss/obtain benefit

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2
Q

What is the section, subsection and act for Arson - Danger to Life

A

Section 267(1)(a) Crimes Act 1961

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3
Q

What is the section, subsection and act for Arson - vehicle/Immovable property - no interest?

A

Section 267(1)(b) Crimes Act 1961

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4
Q

What is the section, subsection and act for Arson - cause loss/obtain benefit?

A

Section 267(1)(c) Crimes Act 1961

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5
Q

What are the elements for s267(1)(a)?

A

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

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6
Q

What are the elements for s267(1)(b)?

A

Intentionally OR recklessly

without claim of right

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

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7
Q

What are the elements of 267(1)(c)?

A

Intentionally

Damages by fire OR damages by means of any explosive

Any immovable object OR vehicle OR ship OR aircraft

With intent to obtain any benefit OR cause loss to any other person

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8
Q

What is the section, subsection and act for attempted arson?

A

Section 268 of the Crimes Act 1961

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9
Q

What three things must you prove in regard to Attempted Arson s268 Crimes Act 1961?

A

The identify of the offender

They attempted to commit arson

The attempted arson was in respect of any immovable property, vehicle, ship or aircraft.

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10
Q

What must there be intention of?

A

Intent to commit a deliberate act and intent to get a specific result.

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11
Q

Explain R v Collister

A

Circumstantial evidence may infer intent of the offender.

Actions and words before, during and after the event.

The surrounding circumstances.

The nature of the act itself.

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12
Q

Explain Cameron v R

A

Recklessness is established if the defendant recognises there was a real possibility that;

His/her actions would bring about the proscribed result, and

The proscribed circumstances existed, and

in regard to that risk his/her actions were unreasonable

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13
Q

Explain R v Tipple

A

The defendant must know of, or have a conscious appreciation of the risk and make a deliberate decision to run the risk.

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14
Q

What is damage by fire?

A

A reaction between oxygen and fuel causing charring, scorching, melting, blistering or smoke damage.

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15
Q

Name the case law that relates to damage by fire

A

R v Archer

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16
Q

Explain R v Archer

A

Property damage - suffers temporary or permanent physical harm or permanent or temporary impairment of its use or value.

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17
Q

According to Section 2(1) the Arms Act 1983, what’s the definition of an explosive?

A

any substance or mixture or combination of substances which in its normal state is capable of either decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect

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18
Q

According to Section 2(1) of the Hazardous Substances and Organisms Act 1996, what is the definition of an explosive?

A

Capable of sudden expansion owing to a release of internal energy; and includes the capability to generate deflagration, or pyrotechnic effect

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19
Q

What is the definition of property in regards to Arson?

A

Real and personal property

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20
Q

What is a short definition of immovable property?

A

Property currently fixed in place and unable to be moved, even though it may be possible to make it move.

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21
Q

What are the two tests to consider when referencing knows and ought to know?

A

Subjective test - Offenders intent and thinking at the time.

Objective test - what a reasonable person would think at the time

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22
Q

What is the case law relating to arson danger to life?

A

R v Smith

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23
Q

Explain R v Smith

A

Danger to life should be interpreted as danger to the life of someone other than the setter of the fire

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24
Q

What is a short definition for danger to life likely to ensue?

A

Know of chance or risk of danger to life

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25
What is a short definition for claim of right?
Belief at the time of the act in a proprietary or possessory right in property. A belief at the time of the act you either owned or had a right to possess the property in relation to the offence.
26
According to Section 2(1) Crimes Act 1961, what is the definition of a vehicle?
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
27
According to Section 2(1) Crimes Act 1961, what is the definition of a ship?
means every description of vessel used in navigation, however propelled
28
According to Section 2(1) Crimes Act 1961 and Civil Aviation Act 1990, what is the definition of an aircraft?
any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth
29
In relation to arson, explain obtain
obtain or retain for himself or herself or for any other person.
30
In relation s267(4) and s269 what are 5 types of benefit?
pecuniary advantage service privilege valuable consideration property
31
Name the case law in regard to cause loss in Arson
R v Morley
32
Explain R v Morley
Loss is assessed by the extent to which the complainant's position prior to the offence has been diminished or impaired
33
In regard to arson, does person include organizations and companies?
Yes
34
Explain R v Wilson
Tenancy of a property constitutes an interest in it
35
Summarise R v Harpur
In assessing conduct.... focus more on the quality of the defendants acts and the time, place and circumstances.... and less on the preparation and proximity
36
Explain R v Hayes
Belief of claim of right can be by mistake if they genuinely believe they owned or possessed the right to the property
37
What is fire
the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. Fire triangle - fuel-oxygen-heat.
38
Does explosives under Section 2 of the Hazardous Substances and Organisms Act 1996 cover fireworks
No
39
Can intangible property be damaged by fire
No but maybe damaged indirectly, for example files on a burnt computer
40
What are the elements for s267(2)(a)
Intentionally or recklessly Without claim of right damages by fire OR by means of any explosive Any property in which that person has no interest Other than property referred to in subsection (1)
41
What are the elements of 267(2)(b)
Intentionally OR Recklessly Damages by fire OR Damages by means of any explosive Any property Other than any property referred to in subsection (1) With intent to obtain any benefit OR With intent to cause any loss to any other person
42
What are the elements for 267(3)
Intentionally Damages by fire OR Damages by means of any explosive Any property With reckless disregard for the safety of any other property
43
Does vehicle include hovercraft, roller skates, and a skateboard
Yes
44
Does vehicle include a pushchair, shopping trolley, pedestrian lawnmower, a wheel chair or any rail vehicle.
No
45
What are the key words when proving attempted arson
sufficiently proximate, taken a real or practical step towards committing the offence
46
What are the max prison terms for arson s267(1)(a)(b)(c), 267(2)(a)(b) and 267(3)
14 years 267(1) 7 years 267(2) 5 years (267(3)
47
What is the section and max penalty for Intentional Damage - Danger to Life
s269(1) - 10 years
48
What is the section and max penalty for Intentional Damage - Property no interest
S269(2)(a) - 7 years
49
What is the section and max penalty for Intentional Damage - Obtain benefit or cause loss
S269(2)(b) - 7 years
50
What is privilege
a special right or advantage
51
What is service
limited to financial or economic benefit, excludes privileges or benefits
52
What is pecuniary advantage
anything that enhances the defendants financial position
53
What is valuable consideration
money or moneys worth
54
What is the main difference between 267(1)(b) and (c) and 267(2)(a) and (b)
subsection 1 deals with higher value property (immovable object/aircraft/ship/vehicle) and subsection 2 deals with lower value property depending on the offenders intent and risk to other property
55
What are the elements and offence for s269(1)
Intentional Damage - Danger to life Intentionally OR Recklessly Destroys or damages any property if he or she knows or ought to know That danger to life is likely to result
56
What are the elements and offence for 269(2)(a)
Intentional Damage - Property no interest Intentionally OR Recklessly without claim of right Destroys or damages any property in which that person has no interest
57
What are the elements for s269(3)
intentionally destroys or damages any property with reckless disregard for the safety of any other property
58
What is the section and elements for providing explosives to commit an offence
S272 CA 1961 2 years imprisonment Knowingly has in his or her possession or makes any explosive substance, or any dangerous engine, instrument or thing, with intent to use or enable another person to use the substance, engine, instrument or thing, to commit an offence,
59
What are the elements for s269(2)(b)
Intentionally or Recklessly without claim of right destroys or damages any property with intent to obtain any benefit or with intent to cause any loss to any other person
60
What arson and intentional damage offences include without claim of right in the elements
267(1)(b) Arson - Property no interest 267(2)(a) Arson - Property no interest 269(2)(a) Intentional Damage - Property no interest 269(2)(b) Intentional Damage - Obtain benefit/cause loss
61
what are the elements for s268 CA1961
Everyone Attempts to commit Arson In respect of any immovable property or any vehicle, ship or aircraft
62
What does ensue mean
happen after, likely to occur
63

DDC (23 decks)

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