Arson - case law, liabilities, defs

Question 1

R v Mohan

Answer 1

Intent

“A decision to bring about, in so far as it lies within the accused’s power, the commission of an offence”

Question 2

R v Waaka

Answer 2

Intent

“A fleeting or passing through” is not sufficient, there must be a “firm intent or a firm purpose to effect an act”

Question 3

R v Harney

Answer 3

Recklessness involves “foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risks”

Question 4

R v Archer

Answer 4

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

Question 5

R v Harpur - attempt

Answer 5

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”

Question 6

R v Hallam

Answer 6

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.

Question 7

R v Morley

Answer 7

Loss… is assess by the extent to which the complainant’s position prior to the offence has been diminished or impaired

Question 8

R v Harpur - cumulatively

Answer 8

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.

Question 9

LIABILITY

Arson (danger to life)

Answer 9

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

Question 10

Damages by fire

Answer 10

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

Question 11

Explosive - def

Answer 11

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

Question 12

Property - def

Answer 12

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

Question 13

Life -def

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

LIABILITY

Arson - property

Answer 14

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

Question 15

LIABILITY

Arson - benefit/loss

Answer 15

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

Question 16

Claim of Right

Answer 16

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

Question 17

Immoveable Property

Answer 17

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

Question 18

Ship

Answer 18

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

Question 19

Aircraft

Answer 19

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

Question 20

Obtain

Answer 20

Sec 217, CA61

means to obtain or retain for himself or herself or any other person

Question 21

Benefit

Answer 21

Sec 267(4) CA61
any benefit, pecuniary advantage, privilege, property, service or valuable consideration

Question 22

Person - company

Answer 22

Sec 2, CA61
Legislation provides a wide definition of the term “person” that incorporates not only real people, but also companies and other organisations

Question 23

Arson - 267(2)(a) CA61

Answer 23

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

Question 24

Arson - 267(2)(b) CA61

Answer 24

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

Question 25

Fire - def

Answer 25

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

Question 26

Intentional Damage - 269(1)

Answer 26

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

Question 27

Intentional Damage - 269(2)

Answer 27

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

Question 28

Intentional Damage - 269(3)

Answer 28

7 years

Intentionally destroys or damages any property with reckless disregard for the safety of any other property

Question 29

Providing explosives to commit an offence 272

Answer 29

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

Question 30

Vehicle

Answer 30

Sec 2, Land Transport Act 1998

Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves