Arson Flashcards
Arson with danger to life ingredients
1) Intentionally Or Recklessly 2) Damages by fire Or By means of explosive 3) Any property 4) If he or she ought to know that danger to life is likely to ensue
R V Harney
Recklessness means the conscious and deliberate taking of an unjustified risk.
R V Archer
Property may be damaged if is suffer permanent or temporary physical harm or permanent or temporary impairment of its use or value
R V Morley
Loss…. is assessed be the extent to which the complaint’s position prior to the offence has been diminished or impaired
R V Harpur
In assessing the conduct there must be a full evaluation in terms of time, place and circumstances. What remains to be done is always relevant but not determinative
Define “INTENT”
In a criminal law there are two specific types of intents in an offence. There must be an intention to commit the act and secondly the intention to get specific results.
Define Recklessness
Acting recklessness involves consciously and deliberately taking an unjustified risk
Proving damages by fire
Prosecution must prove that the specified property has been damaged by fire or explosive as a result of the defendant’s action
Define explosive section 2 Arms Act 1983
Means any substance or mixture or combination of substances which in its normal state is capable either of composition at such a rate to produce a pyrotechnic
Define Property Sec, 2 Crimes Act 1961
Real and personal property, any estate or interest in any real property money, electricity and any debt or interest in that property
Section for Arson With danger to life
Sec 267(1)(a), CA 1961
Ingredients for Arson where offender has no interest in property
1) Intentionally OR Recklessly and without claim of right 2)Damages by fire OR By means of any explosive 3) Any immovable property, or any vehicle, ship, or aircraft 4) In which that person has no interest
Section for Arson offender has no interest
Sec 267(1)(b), CA 1961
Ingredients for Arson with intent to obtain benefit
1) Intentionally
2) Damages by fire
OR
By means of any explosive
3) Any immovable property, or any vehicle, ship or aircraft
4) With intent to obtain any benefit
OR
to cause loss to any other person
Section for Arson with intent to obtain
Sec 267(1)(c), CA 1961
