ARSON - Definitions and Case Law

Question 1

Meaning of ‘Intent’

Answer 1

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.

Question 2

Case Law: Intent

R v MOHAN

Answer 2

Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence.

Question 3

Case Law: Intent

R v WAAKA

Answer 3

A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”.

Question 4

Meaning of ‘Recklessness’

Answer 4

Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.

Question 5

To prove ‘recklessness’ - Subjective and Objective Test.

Answer 5

• It must be proved not only that the defendant was aware of the risk and proceeded regardless (Subjective Test),
• but also that it was unreasonable for him to do so (Objective Test).

Question 6

Case Law: Recklessness

R v HARNEY

Answer 6

Recklessness involves “foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk”.

Question 7

Case Law: Damages by Fire

R v ARCHER

Answer 7

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

Question 8

Meaning of “Damages by Fire”.

Answer 8

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.

Question 9

For fire to start or continue, each of the three elements ….. need to be present.

Answer 9

Fuel, oxygen and heat.

Question 10

Explosive S2 Arms Act 1983

Answer 10

Any substance or 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.

Question 11

Property S2 CA 1961

Answer 11

Property includes any real or personal property and any estate or interest in any real or personal property, money, electricity, and any debt, and anything in action, and any other right or interest.

Question 12

Meaning of Knowledge, and

Simester and Brookbanks

Answer 12

Knowing means “knowing or correctly believing”

Simester and Brookbanks
The defendant may believe something wrongly, but cannot “know” something that is false.

Question 13

Danger to “LIFE”

Answer 13

“Life” in this context means human life, and the danger must be to the life of someone other than the defendant.

Question 14

Claim of Right S2 CA 1961

Answer 14

• In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed,
• although that belief may be based on ignorance or mistake of fact or any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 15

Immovable Property

Answer 15

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 16

Vehicle S2 LTA 1998

Answer 16

Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved;

Question 17

Obtain S217 CA 1961

Answer 17

Means obtain or retain for himself or herself or any other person.

Question 18

Benefit S267(4) CA 1961

Answer 18

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

Question 19

Case Law: LOSS

R v MORLEY

Answer 19

Loss… is assessed by the extent to which the complainant’s position prior to the [offence] has been diminished or impaired.

Question 20

Attempts S72(1) CA 1961

Answer 20

Every one who having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

Question 21

Case Law: Attempts

R v HARPUR

Answer 21

An attempt includes “an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.

Question 22

Providing explosives to commit an offence
S272 CA 1961
2 yrs

Answer 22

…

Question 23

Case Law: Knowledge (explosive)

R v HALLAM

Answer 23

• On a charge of knowingly having possession of an explosive substance,
• it must be proved that the offender knowingly had the substance in his possession
• and also that he knew it to be an explosive substance.