Arson CIB 012

Question 1

R v Harney

Answer 1

Recklessness involves the foresight of dangerous consequences that may well happen together with an intention to continue the course of conduct regardless of that risk

Question 2

R v Archer

Answer 2

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

Question 3

R v Harpur

Answer 3

An attempt includes an act or ommission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime

Question 4

Recklessness

Answer 4

Acting recklessly involves consciously and recklessly taking an unjustifiable risk

Question 5

Damages by Fire

Answer 5

Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight, melting, blistering or paint or significant smoke damage may be sufficient

Question 6

Explosive S2 AA83

Answer 6

Means any substance or mixture or combustion of substances which in its normal state is capable of either decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect

Question 7

Property S2 CA61

Answer 7

Includes any real or personal property and any estate or interest in any real or personal property, money, electricity, and any debt and anything in action and any other right or interest

Question 8

Knows / ought to know

Answer 8

Knowing means correctly believing.. the defendant may believe something wrongly but cannot know something that is false.

Subjective / objective test to defendants degree of knowledge:

Subjective test:
- What was the defendant thinking at the time? Did the defendant know human life was likely to be endangered by his actions?

Objective Test:
- What would a reasonable person have thought in the circumstances? Would a reasonable person have recognised the risk?

Question 9

Claim of right S2 CA61

Answer 9

In relation to any act, means a belief at the time of the act in a propietary or posessory 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 other matter of law other than the enactment against which the offence is believed to have been committed

Question 10

Immovable Property

Answer 10

Property is considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable

Question 11

Vehicle, Ship, Aircraft

Answer 11

Vehicle:

Means a contrivance equipped with wheels. tracks or revolving runners on which it moves or is moved.

Question 12

Interest

Answer 12

Tenancy of a property constitutes an interest in it

Question 13

Obtain S217 CA61

Answer 13

In relation to any person means to obtain or retain for himself, herself or any other person

Question 14

Benefit S297(4) CA61

Answer 14

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

Question 15

Causes Loss

Answer 15

Involves financial detriment to the victim. It is not necessary that the victims loss results in any benefit to the offender.

Question 16

Intent

Answer 16

A person intends to do an action if he wants to do that action, believes it is possible for him to achieve something he wants by doing that actions and behaves as he does because of his desire or belief.

R v Mohan - intent involves a decision to bring about, in so far as it lies within the accused power, the commission of an offence

R v Wakka - A fleeting or passing thought is not sufficient; there must be a firm intent to purpose to effect an act.