Arson - Danger to Life Flashcards
Arson (Danger to life) - section and ingredients
Section 267(1)(a) of crimes act
- intentionally OR recklessly
- damages by fire OR damages by means of any explosive
- any property
- if he or she knows OR ought to know that danger to life
is likely to ensue
What is intent
A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it
R v Mohan on intent
Intent involves a decision to bring about, so far as it lies within the accused’s power, the commission of the offence
R v Waaka on intent
A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act
What does it mean to act reckless
Acting recklessly involves consciously and deliberately taking an unjustifiable risk
R v Harney on recklessness
recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk
What constitutes “damages by fire”
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
R v Archer on damage
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value
Explosive definition under section 2 of the arms act 1983
Any substance/mixture or 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
Includes: gun powder, gelignite, detonators
Does not include: firearms, fireworks
Property definition under section 2
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
What is knowledge
knowing means knowing or correctly believing
Simester and Brookbanks on knowledge
The defendant may believe something wrongly but cannot know something that is false
what is meant by life
life in this context means human life, and the danger must be to the life of someone other than the defendant
Fire definition
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen triggered by heat.
For a fire to start each of the three elements must be present in the correct proportions.
