ARSON

Question 1

Liability: ARSON (danger to life)

Answer 1

S267(1)(a) Crimes Act 1961

Intentionally OR
Recklessly
Damages by fire OR
Damages by any 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

INTENT *

Answer 2

There must be an intention to commit the act and to get a specific result. Must be done deliberately.

Question 3

R v COLLISTER

Answer 3

Circumstantial evidence from which an offender’s intent may be inferred can include:

• the offender’s actions and words before, during and after the event
• the surrounding circumstances
• the nature of the act itself

Question 4

WHAT MUST BE PROVED TO SHOW RECKLESSNESS *

Answer 4

When recklessness is an element in an offence the following must be proved:

1. That the defendant consciously and deliberately ran a risk (subjective)
2. That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (objective – would a reasonable person take the risk)

Question 5

R v CAMERON *

Answer 5

Recklessness is established if:

(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable

Question 6

R v TIPPLE

Answer 6

Recklessness requires that the offender know of or have a conscious appreciation of the relevant risk and it may be said that it requires a deliberate decision to run the risk.

Question 7

DAMAGE BY FIRE *

Answer 7

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.

Question 8

R v ARCHER *

Answer 8

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.

Question 9

EXPLOSIVE *

Answer 9

S2 Arms Act 1983
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect.

Question 10

PROPERTY *

Answer 10

S2 Crimes Act 1961
Includes real and personal property and any estate or interest in any real or personal property, [money, electricity] and any debt and any thing in action and any other right or interest.

Question 11

KNOW *

Answer 11

Knowing means ‘knowing or correctly believing’.

Question 12

SIMESTER AND BROOKBANKS *

Answer 12

Knowing means ‘knowing or correctly believing’. The defendant may believe something wrongly but cannot ‘know’ something that is false.

Question 13

DANGER TO LIFE *

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

OUGHT TO KNOW VS KNOW *

Answer 14

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?

Question 15

Liability: ARSON (property, no interest)

Answer 15

S267(1)(b) Crimes Act 1961

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

Question 16

CLAIM OF RIGHT *

Answer 16

S2 Crimes Act 1961
In relation to any act means a belief at 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.

Question 17

IMMOVABLE *

Answer 17

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.

Question 18

VEHICLE *

Answer 18

S2(a) Land Transport Act 1998

A contrivance equipped with wheels, track or revolving runners on which it is moved.

Question 19

SHIP *

Answer 19

S2 Crimes Act 1991
Ship means every description of vessel used in navigation, however propelled; 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.

Question 20

AIRCRAFT *

Answer 20

S2 Civil Aviation Act 1990
Aircraft means 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.

Question 21

R v WILSON

Answer 21

Tenancy of a property constitutes an interest in it.

Question 22

Liability: ARSON (cause loss or obtain benefit)

Answer 22

S267(1)(c) Crimes Act 1961

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

Question 23

OBTAIN *

Answer 23

S217 Crimes Act 1961

Obtain, in relation to any other person, means obtain or retain for himself or herself or for any other person.

Question 24

BENEFIT *

Answer 24

S267(4) Crimes 1961

Benefit means any benefit, pecuniary advantage, privilege, property, service or valuable consideration.

Question 25

R v MORLEY *

Answer 25

Loss… is assessed by the extent to which the complainant’s position prior to the [offence] has been diminished or impaired.

Question 26

LOSS *

Answer 26

The term loss is not defined by statute but in most cases will involve financial detriment to the victim.