Arson Flashcards
Reckless as defined by
R V HARNEY
Foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk
Damages by fire
Although fire damage will often involve burning or charring, it is not necessary that the property us 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 it’s use or value
Explosive
Any substance or mixture or combination of substances which in it’s normal state is capable either of decomposition at such a rapid rate as to result in an explosion or producing a pyrotechnic effect
Includes: Gun powder, gelignite, detonators
Does not include: Firearms, fireworks
Knowing means
“Knowing or correctly believing”
Simester and Brookbanks
The defendant may believe something wrongly, but they cannot “know” something that is false
Immovable
Property will be considered immovable if it is currently fixed in place and unable to me moved, even though it may be possible to make it moveable.
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 any thing in action, and other other right or interest
vehicle
equipped with wheels, tracks or revolving runners on which it moves or is moved
Ship
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
Aircraft
Any machine that can derive support in the atmosphere from the reactions in the air otherwise than by the reactions of the air against the surface of the earth
Arson
Danger to life
Section 267(1)(a) Crimes Act 1961
Intentionally OR recklessly
damages by fire OR damages by means of explosive
any property
if he or she knows OR ought to know that danger to life is likely to ensue
Arson
no interest
Section 267(1)(b)
Intentionally OR recklessly
damages by fire OR damages by means of explosive
any immovable property or any vehicle, ship or aircraft in which that person has no interest
Arson
Benefit/loss
Section 267(1)(c) Crimes Act 1961
Intentionally
Damages by fire OR damages by means of explosive
Any immovable property OR vehicle OR ship OR aicraft
With intent to obtain any benefit OR cause loss to any other person
Arson
Other - no interest
Section 267(2)(a) Crimes Act 1961
Intentionally OR recklessly
and without claim of right
Damages by Fire OR damages by means of explosive
any property (other than property listed in section 267(1)) in which that person has no interest
