Arson Definitions Flashcards
Intent
An intention to commit the act with an intention to get a specific result
R V COLLISTER
A defendant’s intent can be inferred from the circumstantial evidence: -Actions before/during/after event -Surrounding circumstances -Nature of the act itself
Reckless
The conscious and deliberate taking of an unjustified risk
R v Cameron / R v Tipple
Damages by fire
R V ARCHER
Property may be damaged if it suffers permanent or temporary physical harm or impairment of its use or value.
Explosive
Any substance or mixture or 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.
Inc: gun powder, gelignite, detonators
Not: firearms, fireworks
Property
Any real or personal property and any real estate or interest in any real or personal property, money, electricity and any debt, and anything in action, and any other right or interest.
Knowing
SIMESTER AND BROOKBANKS
“Knowing, or correctly believing”, the defendant may believe something wrongly, but cannot ‘know’ something that is false.
Life
In this context of human life, the danger must be to someone other than the defendant.
Claim of right
A belief at the time of the act in a proprietary or possessory right to property. It must exist at the time the offence is carried out and must relate to property that the offence is related to.
It must be genuine and honest but may be based on ignorance or mistake of fact or law
Immoveable
Fixed in place and unable to be moved, even though it may be possible to make it moveable.
Vehicle
A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.
Aircraft
Any machine that can derive support in the atmosphere from the reactions of the air or by the reactions of the air against the surface of the earth.
Interest
(Donald Trump interersted in tenanting Wilson parking buildings)
R v Wilson
Tenancy of a property constitutes an interest in it.
Application: interest in property
Obtain
Obtain or retain for himself, herself or any other person.
Benefit
A special right or advantage
Loss
Financial detriment to the victim
Cameron v R
(Shane Cameron the ex-boxer hiffing a full can of baked beans recklessly into a crowd - Recklessness)
Recklessness is established if: (a) the defendant recognised that there was a real possibility that: (i) his or her actions would bring about the proscribed result; and/or (ii) that the proscribed circumstances existed; and (b) having regard to that risk those actions were unreasonable Application: recklessness
R v Tipple
(I’m going to ‘Tip all’ these stones off the bridge and onto the cars below - Recklessness)
Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires “a deliberate decision to run the risk”. Application: recklessness
Morley v R
(Morley - More - More Money - less money - the victim has suffered loss of money from the arson of their vehicle)
“Loss … is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.”
Application: cause loss
R v Archer
(Archer with a flaming arrow)
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
Application: damage to property
R v Wilson
(Donald Trump interested in tenanting Wilson parking buildings)
Tenancy of a property constitutes an interest in it.
Application: interest in property
