Arson Definitions

Question 1

Intent

Answer 1

A deliberate act to achieve a specific result.

R v Collister

Circumstantial evidence from which an offender’s intent may be inferred – words or actions before, during or after the event. The circumstances surrounding the event, the nature of the act itself.

Question 2

Reckless

Answer 2

The consciously or deliberately taking an unjustified risk.

R v Cameron

Recklessness is established if the defendant recognised there was a real possibility that his/her actions would bring about the proscribed result and/or the proscribed circumstances existed, and having regard to that risk, those actions were unreasonable.

Question 3

Damage

Answer 3

R v Archer

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

Question 4

Fire

Answer 4

The process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. All three elements must be present.

Fire includes melting, blistering of paint or significant smoke damage.

Question 5

Explosive

Answer 5

Explosive: Section 2 Arms Act 1983 – Any SUBSTANCE or mixture capable of decomposition at such a rapid rate it causes an explosion or pyrotechnic effect. Includes gun powder, nitro-glycerine, gun cotton, dynamite but does not include fireworks or firearms.

*Molotov Cocktails are damages by fire not by explosive.

Question 6

Property

Answer 6

Section 2 CA61: Property includes real or personal property or any interest in any real or personal property.

Question 7

Knows or ought to know

Answer 7

Knowing: Semester and Brookbanks – Knowing means knowing or correctly believing. The defendant may believe something wrongly but can not know something that is false.

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

Objective
- What would a reasonable person have thought in the same circumstance?
- Would a reasonable person have recognised the risk?

Question 8

Danger to life

Answer 8

R v Smith

“Danger to life” should be interpreted as “danger to the life of some person other than the setter of the fire”.

Question 9

Without claim of right

Answer 9

Section 2 CA61: A belief at the time of the act in possessory or proprietary rights to the property.

Question 10

Any immovable property, or aircraft, or ship, or vehicle

Answer 10

Immovable property: CURRENTLY FIXED IN PLACE AND UNABLE TO BE MOVED even if it is possible to make it moveable.

Aircraft – Derives support from the air

Ship – A vessel used in navigation, however propelled

Vehicle – Section 2 Land Transport Act 1998 – Moved by tracks, rollers or wheels

Question 11

Person

Answer 11

Gender Neutral, generally accepted by judicial notice and proved by circumstantial evidence.

Question 12

Interest

Answer 12

R v WILSON:

Tenancy does constitute interest in a property.

Question 13

Obtain a benefit or cause loss to any other person

Answer 13

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

Benefit: Any benefit, pecuniary advantage, privilege, service, or valuable consideration.

Cause loss: Financial detriment to the victim.

Question 14

Attempts

Answer 14

Section 72 CA61: Having an intnet to commit an offence, does or omits an act for the purpose of accomplishing his object. The conduct must be sufficently proximate to the offence – Eg. Must have taken real and practical steps towards committing it.

R V HARPUR

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops… The defendants conduct may be considered in its entirety. Considering how much remains is always releveant, though not determiniative.

Question 15

Destroys

Answer 15

Damage other than that set out in arson.