Arson (Danger to life)

Question 1

Section

Answer 1

Section 276(1)(a), Crimes Act 1961

Question 2

Penalty

Answer 2

14 years

Question 3

Ingredients

Answer 3

1) Intentionally or Recklessly
2) Damages by fire OR Damages by means of explosive
3) Any property
4) If he or she knows or Ought to know that danger to life is likely to ensue

Question 4

Intent (finish the sentence)

A person does something “intentionally” if they means to do it;

Answer 4

they desire a specific results and act with the aim or purpose of achieving it.

Question 5

Acting recklessly involves:

Answer 5

• Consciously AND
• Deliberately
• Taking an unjustifiable risk

Question 6

Damages by fire

Answer 6

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 7

Types of damages caused by fire

Answer 7

• Burning
• Charring
• Melting
• Blistering of paint
• Smoke damage

Question 8

Explosive-Act & Section

Answer 8

Section 2, Arms Act 1983

Question 9

Explosive

Answer 9

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

Question 10

Explosive includes

Answer 10

• Gun powder
• Gelignite
• Detonators

Question 11

Explosive excludes

Answer 11

• Firearms

- Fireworks

Question 12

Property includes

Answer 12

• Any real or personal propety
• Any estate or interest in any real or personal property
• Money
• Electricity
• any debt
• Anything in Action
• Any other right of interest

Question 13

Knowledge

Answer 13

Knowing means “knowing or correcting believing”

Question 14

Simester and Brookbanks

Answer 14

The defendant can believe something wrongly, but cannot “know” something that is false.

Question 15

Life

Answer 15

Life in this context means human life, and the danger must be to the life of someone other than the defendant.

Question 16

R v Harney (recklessness)

Answer 16

Recklessness involves “foresight of dangerous consequences that would well happen, together with the intention to continue the course of conduct regardless or the risk. “

Question 17

R v Archer

Answer 17

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

Question 18

R v Morley

Answer 18

Loss is assessed by the extent in which the complainants position prior to the offence has been diminished or impaired.

Question 19

R v Harpur

Answer 19

The court may have regard to the conduct being viewed cumulatively, up until the conduct in question stops. The Defendants conduct may be viewed in its entirety…considering how much remains to be done is always relevant but not determinative.

Question 20

Examples of explosives

Arms Act 1983, Section 2

Answer 20

• Gunpowder
• nitroglycerine
• Dynamite
• gun-cotton
• Fog signals
• Fuses
• Rockets
• percussion caps
• detonators
• cartridges
• ammunition

Question 21

Explosive also includes

Arms Act 1983, Section 2

Answer 21

any device, contrivance, or article, which uses any substance or mixture or combination of substances to which paragraph (a) or paragraph (b) of this definition applies as an integral part of it for the purposes of producing an explosion or a ballistic or pyrotechnic effect;

Question 22

What test are applied for “knows or ought to know”

Answer 22

Subject test-what was the defendant thinking at the time? Did the defendant know that human life was likely to be endangered by his actions?

If insufficent evidence that the Defendant was conscious of the risk then apply the object test.

Objective test-what would a reasonable person have thought in the same circumstances? Would a reasonable person have recognised the risk?