Arson - Definitions Flashcards
Intent
There must be an intention:
- To commit the act, and
- To get a specific result
The act must be done deliberately
R v TAISALIKA and R v COLLISTER relate
Recklessness
Acting ‘recklessly’ involves the conscious and deliberate taking of an unjustified risk.
R v CAMERON and R v TIPPLE relates
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 may be sufficient.
R v ARCHER relates
Immovable property
Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable.
Property
Includes 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.
Knows or ought to know
Knowing or correctly believing
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 you either owned or had a right to possess the property in question although that belief may be based on ignorance or mistake of fact or law.
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.
Ship
Vessel used in navigation, however propelled.
Obtain
Obtain or retain for himself, herself or any other person.
Benefit
Any benefit
- Property
- Service
- Pecuniary advantage
- Valuable consideration
Cause loss
It is not necessary that the victim’s loss results in any benefit to the offender
R v MORLEY relates
Person
- Someone other than the defendant
- As proven by circumstantial evidence or judical notice
