ARSON Flashcards
Explain the subjective and objective test concerning “knows or ought to know danger to life was likely to ensue”
Subjective test; what was the def. thinking at the time?Did the def. know human life was likely to be endangered at that time. Objective test; what would a reasonable person have thought in the same circumstance? would a reasonable person have recognized the risk?
Define R v ARCHER
Property may be damaged if it suffers permanent or temporary physical harm or physical or temporary impairment of its use or value.
Define knowledge as in Simester and Brookbanks
Knowing means knowing or correctly believing, the belief must be a correct one, where a person believes something that is wrong they cannot know something.
name elements: Arson s.267(1)(c)
Arson s.267(1)(c) 14y Intentionally Damages by fire OR Damages by Explosive Any Immovable property, aircraft, ship or vehicle With intent to obtain a benefit OR cause loss to Any Person.
define: Damages by Fire
Although fire damage will often involve burning and charring it is not necessary that the property be actually set alight, melting, blister of paint and significant smoke damage may be sufficient.
Name Elements: Arson s.267 (2)(b)
Arson s.267 (2)(b) 7y Intentionally OR Recklessly Damages by Fire OR Damages by Means of Explosive Any property not listed in s.267(1) With intent to obtain benefit OR with intent to cause loss to any person
Define explosive
Explosive s.2AA83 any substance or mixture or combination of substances capable in its normal state of decomposition at such a rapid rate as to produce and explosion or of producing a pyrotechnic effect. eg; gunpowder, gelignite, detonators and not fireworks or firearms.
Name elements: Arson s.267(2)(a)
Arson s.267(2)(a) 7y Intentionally OR Recklessly And w/o Claim of Right Damages by Fire or Damages by Means of Explosive Any property other then that listed in s.267(1) in which that person has no interest in.
define ingredient: ought to know that danger to life is likely to ensue
Knowledge Simester and Brookbanks … LIFE life in this context means human life, and the danger must be to the life of someone other than the defendant.
Name elements: Arson s.267(1)(b)
Arson s.167(1)(b) 14 y Intentionally OR Recklessly And w/o Claim of Right Damages by fire OR Damages by Means of Explosive Any Immovable property, vehicle, aircraft or vessel in which that person has no interest.
What evidence must there be in relation to Attempted Arson s.268
That the acts are sufficiently proximate to the offence. That the def. intended to commit the full offence, recklessness is sufficient for arson but not sufficient for attempted arson.
