Arson Flashcards
ARSON (danger to life)
Section 267 (1)(a)
Crimes Act 1961
14 Years
Intentionally OR Recklessly
Damages by fire OR Damages by means of any explosive
Any property
Knowing or ought to know danger to life is likely to ensue.
Define Intentionally or Recklessly
Intentionally - A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it.
Recklessness - Acting recklessly involves consciously and deliberately taking an unjustifiable risk.
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.
Define Damages by Fire OR Damages by means of any explosive
Property = 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
OR
Explosive - Section 2, Arms Act 1983
Any substance or mixture or combination of substances which in its normal state is capable of either the decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect eg. gun powder, gelignite.
Define Any property
Property - Section 2, Crimes Act 1961
Includes any real or personal property and any estate or interest in any re al or personal property, money, electricity and any debt, and any thing in action, and any other right or interest.
What is meant by Knowing or ought to know danger to life is likely to ensue?
This provision involves a mixed subjective/objective test as to the defendant’s degree of knowledge.
Subjective - What was the defendant thinking at the time? Did the defendant know that human life was likely to be endangered by his actions?
Objective - What would a reasonable person have thought in the same circumstances, would they have recognised the risk?
Danger to life - Is given a common sense meaning requiring the danger to life of some person other than the defendant.
ARSON (no interest in property)
Section 267 (1)(b)
Crimes Act 1961
14 Years
Intentionally OR Recklessly And Without Claim Of Right Damages by fire OR Damages by means of any explosive Any immovable property OR Vehicle Or Aircraft OR Ship In which that person has no interest
Describe what is meant by Claim of Right?
Claim of Right - Section 2 Crimes Act 1961
In relation to any act means a belief at the the time of the act, in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
What is immovable property?
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 moveable
Generally relates to buildings and land and things growing on the land such as forests.
Define Vehicle, Aircraft and Ship
Vehicle, Section 2 LTSA 1998 = A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
Aircraft, Section 2 Civil Aviation Act 1990 = Any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth.
Ship, Section 2 Crimes Act 1961 = Any 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.
ARSON (benefit/loss)
Section 267 (1)(c)
Crimes Act 1961
14 Years
Intentionally
Damages by fire OR Damages by means of any explosive
Any immovable property OR Any property (other than referred to in 267 (1) )
With intent to obtain any Benefit
OR To cause loss to any person
Define, Obtain, Benefit and Causes loss..
Obtain, Section 217 Crimes Act 1961 - To obtain or retain for himself/herself or for any other person.
Benefit, Section 267(4) Crimes Act 1961 - Pecuniary advantage, privilege, property, service, valuable consideration.
Cause Loss - Criminality can only arise from direct loss, indirect losses such as expectation loss (loss of bargain and future profits) are not included.
R V MORLEY - Loss… is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.
ARSON (other - no interest in property)
Section 267(2)(a)
Crimes Act 1961
7 Years
Intentionally OR Recklessly
Without claim of Right
Damages by fire OR Damages by means of any explosive
Any property in which that person has no interest (other than property listed in 267 (1) )
ARSON
Section 267(2)(b) (other - benefit/loss)
Crimes Act 1961
7 Years
Intentionally OR Recklessly
Damages by fire OR Damages by means of any explosive
Any property OR Vehicle OR Aircraft OR Ship
With intent to obtain any Benefit
OR To cause loss to any person
