ARSON

Question 1

Define recklessly

Answer 1

Recklessness means the conscious and deliberate taking of an unjustifiable risk knowing the consequences could lead to the risk occurring but continue the conduct regardless of risk.

Question 2

What is the case law that relates to recklessness.

Answer 2

R v Harney.

Question 3

Define intent

Answer 3

There are two specific types of intention in an offence.
Firstly there must be an intention to commit the act and,
Secondly an intention to get a specific result.

Question 4

What is the case law that relates to loss? And what does the case law state?

Answer 4

R v Morley (Rhymes with Porley).

Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.

Question 5

Define person

Answer 5

A person is someone who is gender neutral, proven by judical notice or circumstantial evidence.

Question 6

Explain/define what intent to obtain any benefit means.

Answer 6

Intention to complete the act and an intent to get a specific result from completing the act.
Obtain means to obtain or retain for himself/herself or any other person.
Benefit can be pecuniary advantage, privilege, property, service or valuable consideration.

Question 7

For attempted arson (S268) what two aspects must be present?

Answer 7

Must have an intent to commit the offence (arson) and take a real and substantial step towards achieving that aim (perform an act sufficiently proximatey to the full offence)

Question 8

Define vehicle

Answer 8

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

Question 9

List the ingrediants for Arson 267 (1)(b) - (Property/vehicle)

Answer 9

Intentionally/Recklessly
Without claim of right
Damages by fire or means of any explosive
Any immovable property/vehicle/ship/aircraft
In which that person has no interest.

Question 10

What is meant by damages by fire?

Answer 10

Fire damage will often involve burning or charring, however it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient.

Question 11

What case law relates to damages and what does it state?

Answer 11

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.

Question 12

What does knows or ought to know mean?

Answer 12

Knowing means “knowing or correctly believing”. The belief must be a correct one where the belief is wrong a person cannot know something.

Question 13

Define life in relation to arson - “danger to life is likely to ensue”

Answer 13

Life in this context means human life, and the danger must be to the life of someone other than the defendant.

Question 14

What are the elements for arson 267(1)(c) - Cause loss/benefit

Answer 14

Intentionally
Damages by fire or by means of any explosive
Any immovable property/vehicle/ship/aircraft
With intent to obtain any benefit/With intent to cause loss to any person

Question 15

What are the elements for arson 267(1)(a) - Danger to life

Answer 15

Intentionally/Recklessly
Damages by fire or by means of any explosive
Any property
If he or she knows or ought to know that danger to life is likely to ensue.

Question 16

Define claim of right

Answer 16

A belief at the time of the act in a proprietary or possessory right in the property. If the belief is based on ignorance or mistake there is no claim of right

Question 17

What is the case law that relates to intent in relation to arson and what does it state?

Answer 17

R v Collister - it was held that the defendants intent could be inferred from the circumstances.

Question 18

What are the three types of circumstantial evidence that a defendants intent could be inferred from?

Answer 18

The offenders actions and words before, during and after the event.
The surrounding circumstances
The nature of the act itself

Question 19

Define property

Answer 19

S2, CA 1961
Any real and personal property and any estate or interest in any real or personal property, money, electricity and any debt, anything in action, and any other right or interest

Question 20

What does Simester and Brookbanks suggest that knowing means.

Answer 20

Knowing or correctly believing.

The defendant may believe something wongly, but cannot know something that is false.

Question 21

What test in relation to reasonableness for showing that someone knows or ought to know that danger to life is likely to ensue, in relation to arson 267 (1)?

Answer 21

The subjective, objective test.
Subjective - what was the defendant thinking at the time? Did the defendant know that human life was likely to be endargered by his actions?
Objective - What would a reasonable person have thought in the same circumstances? Would a reasonable person have recognised the risk?

Question 22

Define danger to life

Answer 22

Life in this context means human life, and the danger must be to the life of someone other than the defendant.

Question 23

What are some things you can do to reasure a victim traumatised by an arson?

Answer 23

Refer to victim support
Refer to counsellor
Contact their family, ensure she has someone with her.
Enter taskings to check on victim.

Question 24

If a suspect of an arson is found at or near the scene, what are some things that you should do with the suspect?

Answer 24

Isolate person
Record his demeanor
If sufficient to K9 do so and ensure his caution rights are given.
Estbalish his identity
Note his appearnce
Keep him calm
Conduct a pre liminary interview.

Question 25

Define immovable property

Answer 25

If it is currently fixed in place and unable to be moved, even though it may be possible to make it movable.

Question 26

With regards to attempts, what case law applies and what does it state?

Answer 26

R v Harpur
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant though not determinative.