ARSON Flashcards
Criminal liability – arson danger to life Section 267 (1) (a) 14 years
1.intentionally or recklessly
2.damages by fire or damages by means of explosive
3.any property
4.if he or she knows or
Or to know that danger to life is likely to ensue
Criminal liability arson -property (no interest) Section 267 (1) (B) 14 years
1.intentionally or recklessly
2.and without claim of right
3.damages by fire or
Damages by means of explosive
4.any immovable property or any vehicle, Ship aircraft in which that person has no interest
Criminal liability arson (benefit)
Section 267 (1) (C)
14 years
1.intentionally
2.damages by fire or
Damages by means of explosive
3.any immovable property or
Vehicle or
Sharp or
Aircraft
4.with intent to obtain any benefit or
Cause loss to any other person
Criminal liability arson – other no interest Section 267 (2) (A) 7 years
- Intentionally or recklessly
- And without claim of right
3.damages by fire or
Damages by means of explosive
4.any property other than property listed in section 267 (1) and which that person has no interest
Criminal liability – arson (other – benefit – loss)
Section 267 (2) (B)
7 years
1.intentionally or recklessly
2.damages by fire or
Damages by means of explosive
3.any property (other than property listed in section 267 (1)
4.with intent to obtain any benefit or
Cause loss to any person
Definition of 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 with in the accused 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 recklessness
Acting recklessly involves consciously and deliberately taking an unjustifiable risk
Recklessness
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
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.
Property damage
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 explosive
Section 2 Arms act 1983
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect
Includes gunpowder gelignite and detonators
Does not include firearms or fireworks
Define property
Property includes any real or personal property and any estate or interest in any real or personal property, money, electricity and any debt, and anything in action, and any other right or interest
Discuss knows – ought to know
Knowing means knowing all correctly believing
The defendant may believe something wrongly but cannot know something that is false
Simester and Brookes
Define claim of right
Section 2, crimes act 1961
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 maybe based on ignorance or mistake of fact of any matter of law other than the enactment against which the offence is alleged to have been committed.
Define immovable property
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.
Define vehicle
Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.
Define
What is a 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 ships belonging to or used as a ship of the Armed Forces of any country.
Define
What is an aircraft?
Means 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.
Define obtain
Means obtain or retain for himself or herself or any other person
Section 217 of the crimes act 1961
Define benefit
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration Section 267 (4), crimes act 1961
Define loss
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.
R v Morely
Define danger to life
Life in this context means human life, and the danger must be to the life of someone other than the defendant
Define
Interest in property
Interest in property is not defined by legislation, however the courts have held that tenancy of a property constitutes an interest in it.
Arson
Attempted arson
Section 268
Everyone is liable to imprisonment for a term not exceeding 10 years who attempts to commit arson in respect of any immovable property or any vehicle, ship or aircraft
Attempts
R v Harpur
And attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of a crime
The defendants conduct may be considered in its entirety. Considering how much remains to be done, it’s always relevant, though not determinative
