Arson - case law, liabilities, defs Flashcards
R v Mohan
Intent
“A decision to bring about, in so far as it lies within the accused’s power, the commission of an offence”
R v Waaka
Intent
“A fleeting or passing through” is not sufficient, there must be a “firm intent or a firm purpose to effect an act”
R v Harney
Recklessness involves “foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risks”
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
R v Harpur - attempt
An attempt includes “an act or omission constituting a substantial step in a course of conduct planned to cumulate in his commission of the crime”
R v Hallam
On a charge of knowingly having possession of an explosive substance, it must be proved that the offender knowingly had the substance in his possession and also that he knew it to be an explosive substance.
R v Morley
Loss… is assess by the extent to which the complainant’s position prior to the offence has been diminished or impaired
R v Harpur - cumulatively
The court may have regard to the conduct viewed cumulatively up to the point where the conduct in question stops.. the defendants conduct may be viewed in its entirety. Considering how much remains to be done.. is always relevant.
LIABILITY
Arson (danger to life)
Sec 267(1)(a) CA61
- Intentionally or recklessly
- damages by for OR damages by means of explosive
- any property
- if he or she knows OR ought to know that danger to life is likely to ensue
Damages by fire
although 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
Explosive - def
Sec 2, Arms Act 1983
Any substance or mixture of 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,
Includes: gun powered, gelignite, detonators
Does not include: Firearms, fireworks
Property - def
Sec 2, CA61
Property includes any real or 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
Life -def
Life in this context means human life, and the danger must be to the life of someone other than the defendant
LIABILITY
Arson - property
Sec 267(1)(b) - 14 yrs
- Intentionally or Recklessly
- And without claim of right
- damages by fire OR damages by means of an explosive
- any immoveable property or any vehicle, ship or aircraft in which that person has no interest
LIABILITY
Arson - benefit/loss
Sec 267(1)(c) - 14 yrs
- Intentionally
- Damages by fire OR by means of explosive
- any immoveable property OR vehicle OR ship OR aircraft
- with intent to obtain any benefit OR cause loss to any person
Claim of Right
Sec 2, CA61
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
Immoveable Property
Property will be considered immoveable if it is currently fixed in place and unable to be moved, even though it amy be possible to make it moveable
Ship
Sec 2, Crimes Act 1961
means every description of 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
Aircraft
Sec 2 Civil Aviation Act 90
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
Obtain
Sec 217, CA61
means to obtain or retain for himself or herself or any other person
Benefit
Sec 267(4) CA61 any benefit, pecuniary advantage, privilege, property, service or valuable consideration
Person - company
Sec 2, CA61
Legislation provides a wide definition of the term “person” that incorporates not only real people, but also companies and other organisations
Arson - 267(2)(a) CA61
7 yrs
- intentionally OR recklessly
- and without claim of right
- damages by fire OR damages by means of explosive
- any property (other than property listed in section 267(1) in which that person has no interest
Arson - 267(2)(b) CA61
7 yrs
- intentionally OR recklessly
- damages by fire OR damages by means of explosive
- any property (other than property listed in section 267(1)
- with intent to obtain any benefit OR cause loss to any person
Fire - def
Result of combustion, a chemical reaction between fuel and oxygen, triggered by heat. For fire to continue or start, all three elements must be present in the correct proportions
Intentional Damage - 269(1)
10 yrs
intentionally or recklessly destroys or damages any property if he or she knows or ought to know that danger to life is likely to ensue
Intentional Damage - 269(2)
7 years
Intentionally or recklessly, without claim of right, destroys or damages property
(a) - in which that person has no interest
(b) - with intent to obtain any benefit, or with intent to cause loss to any other person
Intentional Damage - 269(3)
7 years
Intentionally destroys or damages any property with reckless disregard for the safety of any other property
Providing explosives to commit an offence 272
2 years
knowing has in his or her possession
or makes any explosive substance, dangerous engine, instrument, or thing
with intent to use or enable another person to use the substance, dangerous engine, instrument or thing
to commit an offence
Vehicle
Sec 2, Land Transport Act 1998
Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves
