Arson Case Law

Question 1

R v COLLISTER

Answer 1

Circumstantial evidence from which an offender’s intent may be inferred – words or actions before, during or after the event. The circumstances surrounding the event, the nature of the act itself

Question 2

CAMERON v R

Answer 2

Recklessness is established if the defendant recognised there was a real possibility that his/her actions would bring about the proscribed result and/or the proscribed circumstances existed, and having regard to that risk, those actions were unreasonable.

Question 3

R v ARCHER

Answer 3

Damage includes permanent or temporary physical damage and/or permanent or temporary impairment of its use or value.

Question 4

Semester and Brookbanks

Answer 4

Knowing means knowing or correctly believing. The defendant may believe something wrongly but can not know something that is false.

Question 5

R V MORELY

Answer 5

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

Question 6

R V HARPUR

Answer 6

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops… The defendants conduct may be considered in its entirety. Considering how much remains is always releveant, though not determiniative.

Question 7

R v WILSON

Answer 7

Tenancy constitutes an interest in property.

Question 8

R v SMITH

Answer 8

“Danger to life” should be interpreted as “danger to the life of some person other than the setter of the fire”.