Arson Flashcards
What are the three arson offences?
Arson - Danger to Life
Arson - Immovable property/vehicle - no interest
Arson - Cause loss/obtain benefit
What is the section, subsection and act for Arson - Danger to Life
Section 267(1)(a) Crimes Act 1961
What is the section, subsection and act for Arson - vehicle/Immovable property - no interest?
Section 267(1)(b) Crimes Act 1961
What is the section, subsection and act for Arson - cause loss/obtain benefit?
Section 267(1)(c) Crimes Act 1961
What are the elements for s267(1)(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
What are the elements for s267(1)(b)?
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
What are the elements of 267(1)(c)?
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
What is the section, subsection and act for attempted arson?
Section 268 of the Crimes Act 1961
What three things must you prove in regard to Attempted Arson s268 Crimes Act 1961?
The identify of the offender
They attempted to commit arson
The attempted arson was in respect of any immovable property, vehicle, ship or aircraft.
What must there be intention of?
Intent to commit a deliberate act and intent to get a specific result.
Explain R v Collister
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.
Explain Cameron v R
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
Explain R v Tipple
The defendant must know of, or have a conscious appreciation of the risk and make a deliberate decision to run the risk.
What is damage by fire?
A reaction between oxygen and fuel causing charring, scorching, melting, blistering or smoke damage.
Name the case law that relates to damage by fire
R v Archer
Explain R v Archer
Property damage - suffers temporary or permanent physical harm or permanent or temporary impairment of its use or value.
According to Section 2(1) the Arms Act 1983, what’s the definition of an explosive?
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
According to Section 2(1) of the Hazardous Substances and Organisms Act 1996, what is the definition of an explosive?
Capable of sudden expansion owing to a release of internal energy; and includes the capability to generate deflagration, or pyrotechnic effect
What is the definition of property in regards to Arson?
Real and personal property
What is a short definition of immovable property?
Property currently fixed in place and unable to be moved, even though it may be possible to make it move.
What are the two tests to consider when referencing knows and ought to know?
Subjective test - Offenders intent and thinking at the time.
Objective test - what a reasonable person would think at the time
What is the case law relating to arson danger to life?
R v Smith
Explain R v Smith
Danger to life should be interpreted as danger to the life of someone other than the setter of the fire
What is a short definition for danger to life likely to ensue?
Know of chance or risk of danger to life
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.
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.
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
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
In relation to arson, explain obtain
obtain or retain for himself or herself or for any other person.
In relation s267(4) and s269 what are 5 types of benefit?
pecuniary advantage
service
privilege
valuable consideration
property
Name the case law in regard to cause loss in Arson
R v Morley
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
In regard to arson, does person include organizations and companies?
Yes
Explain R v Wilson
Tenancy of a property constitutes an interest in it
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
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
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.
Does explosives under Section 2 of the Hazardous Substances and Organisms Act 1996 cover fireworks
No
Can intangible property be damaged by fire
No but maybe damaged indirectly, for example files on a burnt computer
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)
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
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
Does vehicle include hovercraft, roller skates, and a skateboard
Yes
Does vehicle include a pushchair, shopping trolley, pedestrian lawnmower, a wheel chair or any rail vehicle.
No
What are the key words when proving attempted arson
sufficiently proximate, taken a real or practical step towards committing the offence
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)
What is the section and max penalty for Intentional Damage - Danger to Life
s269(1) - 10 years
What is the section and max penalty for Intentional Damage - Property no interest
S269(2)(a) - 7 years
What is the section and max penalty for Intentional Damage - Obtain benefit or cause loss
S269(2)(b) - 7 years
What is privilege
a special right or advantage
What is service
limited to financial or economic benefit, excludes privileges or benefits
What is pecuniary advantage
anything that enhances the defendants financial position
What is valuable consideration
money or moneys worth
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
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
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
What are the elements for s269(3)
intentionally
destroys or damages
any property
with reckless disregard for the safety of any other property
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,
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
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
what are the elements for s268 CA1961
Everyone
Attempts to commit Arson
In respect of any immovable property or any vehicle, ship or aircraft
What does ensue mean
happen after, likely to occur
