Arson Flashcards
Define knowledge
Knowledge
Knowing means “knowing or correctly believing”
Simester and Brookbanks
Knowing means “knowing or correctly believing” … the defendant may believe something wrongly, but cannot “know” something that is false.
Define intent.
Intent
A person does something intentionally if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it.
R v Mohan
Intent involves a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence.
R v Waaka
A fleeting or passing thought is not sufficient; there must be a firm intent or a firm purpose to effect an act.
Define recklessly.
Recklessly
Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.
R v Harney
Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.
Define ‘damages by fire’.
Damages by fire
Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient.
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
Define property.
s2, CA 1961
Property includes real and personal property, and any estate or interest in any real or personal property, [money, electricity,] and any debt, and any thing in action, and any other right or interest.
Define ‘life’. Consider what life is NOT.
Life in this context means human life, and the danger must be to the life of someone other than the defendant.
[Does not include animal life, and cannot be the life of the defendant himself]
Define claim of right.
s2, CA 1961
Claim of right, in relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
Define immovable property.
Immovable property
Immovable
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 movable.
s2, CA 1961
Property includes real and personal property, and any estate or interest in any real or personal property, [money, electricity,] and any debt, and any thing in action, and any other right or interest.
Define vehicle.
s2, CA 1961
Vehicle means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.
Define ship.
s2, CA 1961
Ship means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft, or like vessel; and also includes any ship belonging to or used as a ship of the armed forces of any country.
Define person in relation to arson.
Gender neutral. Proven by judicial notice or circumstantial evidence.
And if applicable:
s2, CA 1961
Legislation provides a wide definition of the term person that incorporates not only real people, but also companies and other organisations.
Define obtain.
s217, CA 1961
Obtain or retain for himself or herself or for any other person.
Define benefit.
s267(4), CA 1961
Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.
Define loss.
R v Morley
Loss…is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.
