Arson - Definitions

Question 1

Intent

Answer 1

There must be an intention:
-to commit the and
-to get a specific result

Intent means that an act or omission must be done deliberately. The act or omission must be more that involuntary or accidental.

Question 2

Acting Recklessly

Answer 2

When recklessness is an element in an offence the following must be proved:
1) That the defendant consciously and deliberately ran a risk (a subjective test).
2) That the risk was one that was reasonable to take in the circumstances as they were known to the defendant (objective test - based on whether a reasonable person would have taken the risk).

Question 3

Explosive

Answer 3

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

Question 4

Property

Answer 4

Includes real property and personal property, money, electricity, debt and any other right or interest.

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.

Question 5

Danger to life

Answer 5

Any human being

Question 6

Knows or ought to know

Answer 6

Does the defendant know that human life was likely to be endangered or were they conscious of the risk.

Question 7

Fire

Answer 7

Fuel, oxygen and heat trigger fire.

Melting, blistering of painting or smoke damage is sufficient damage.

Damage may be permanent or temporary.

Question 8

Vehicle

Answer 8

A contrivance equipped with wheels, tracks or revolving runners on which it moves.

Question 9

Obtain

Answer 9

Obtain or retain for himself or herself or for any other person.

Question 10

Benefit

Answer 10

Any benefit, pecuniary advantage (money), privilege, property, service or valuable consideration.