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DDC > Arson > Flashcards

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

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 may be damaged if it suffers temporary or permanent physical harm or permanent or temporary impairment of its use or value.

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

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

19
Q

What is the definition of property in regards to Arson?

A

Real and personal property

20
Q

What is a short definition of immovable property?

A

Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it move.

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

22
Q

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

A

R v Smith

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

24
Q

What is a short definition for likely to ensue?

A

The defendant merely has to know there is a chance or risk of danger to life

25
Q

What is a short definition for claim of right?

A

Belief at the time of the act in a proprietary or possessory right in property.

A belief at the time oof the act you either owned or had a right to possess the property in relation to the offence.

26
Q

According to Section 2(1) Crimes Act 1961, what is the definition of a vehicle?

A

A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.

27
Q

According to Section 2(1) Crimes Act 1961, what is the definition of a ship?

A

means every description of vessel used in navigation, however propelled

28
Q

According to Section 2(1) Crimes Act 1961 and Civil Aviation Act 1990, what is the definition of an aircraft?

A

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
Q

In relation to arson, explain obtain

A

in relation to any person, means obtain or retain for himself or herself or for any other person.

30
Q

In relation s267(4) what are 5 types of benefit?

A

pecuniary advantage
service
privilege
valuable consideration
property

31
Q

Name the case law in regard to cause loss in Arson

A

R v Morley

32
Q

Explain R v Morley

A

Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired

33
Q

In regard to arson, does person include organizations and companies?

A

Yes

34
Q

Explain R v Wilson

A

Tenancy of a property constitutes an interest in it

35
Q

Summarise R v Harpur

A

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
Q

Explain R v Hayes

A

Belief of claim of right can be by mistake if they genuinely believe they owned or possessed the right to the property

DDC (6 decks)

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