Arson

Question 1

What is Arson Liabilty 267(1)(a)

Answer 1

• intentionally or 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 2

Arson liabilty 267(1)(b)

Answer 2

• intentionally or recklessly
• without claim of right
• damages by fire or by means of any explosive
• any immovable property, or any vehicle, ship, or aircraft
• which that person has no interest

Question 3

Arson liability 267(1)(c)

Answer 3

• intentionally
• damages by fire or by means of any explosive
• any immovable property, or any vehicle, ship or aircraft
• with intent to obtain any benefit or to cause loss to any other person

Question 4

Two ways to prove intent

Answer 4

Deliberate act - act or omission must be more than involuntary or accidental

Intent to produce a result - aim or purpose

Question 5

Who’s responsibility is proving intent

Answer 5

Onus is on prosecution to prove an offenders intent beyond reasonable doubt

Question 6

What are 3 circumstantial evidence for intent

Answer 6

1. Surrounding circumstances
2. Offenders actions and words before, during and after the event
3. Nature of the act

Question 7

What is case law Harney

Answer 7

Recklessness means the conscious and deliberate taking of an unjustified risk. With an intention to continue the course of conduct regardless of risk

Question 8

Define damages and relevant case law

Answer 8

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

Question 9

Define knows or ought to know

Answer 9

Simester and brookbanks suggests knowing means knowing or correctly believing. The defendnat may believe something wrong but cannot know something that is false

Subjective test - did the defendant know that human life was likely to be endangered by his actions

Objective test - what would a reasonable person have thought in the same circumstances? Would a reasonable person have recognized the risk?

Question 10

What is immovable property

Answer 10

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

Question 11

Define vehicle

Answer 11

A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved

Question 12

What is case law Morley

Answer 12

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

Question 13

Define claim of right

Answer 13

A belief at time of the act in proprietary or possessory right in property

Question 14

Define intent to obtain any benefit

Answer 14

Intent to commit the act and intent to get a specific result

Obtain meaning to obtain or retain for themself or any other person

Benefit or pecuniary advantage