Arson General

Question 1

What is a benefit?

Answer 1

For purposes of 267 and 269 benefit is any benefit, pecuniary advantage, privilege, property, service or valuable consideration

Question 2

Definition of intent

Answer 2

An act or omission done deliberately. Must be more than involuntary or accidental.

Question 3

Definition of recklessness

Answer 3

A conscious and deliberate taking of an unjustified risk

Question 4

Explain the Cameron test

Answer 4

(a) Completely subjective.

A “real possibility”, “could well happen”.

(b) Subjective and Objective.

Whether the defendant’s actions were objectively reasonable given the risk the defendant understood.

Question 5

What must be proved when recklessness is an element of an offence?

Answer 5

1. That the defendant consciously and deliberately ran a risk (subjective)
2. That the risk was one that was unreasonable to take in the circumstances (objective)

Question 6

Explain damaged by fire and what the prosecution must prove

Answer 6

Fire damage will often involve burning or charring but it is not necessary that the property was actually set alight. May include melting, blistering, smoke damage.

Prosecution must prove the specified property has been damaged by fire or explosive as a result of defendant’s actions.

Question 7

Fire definition

Answer 7

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.

Question 8

Explain how fire occurs

Answer 8

When fuel is heated to it’s ignition temperature, it releases gases which then react with oxygen - this reaction results in the release of heat and light energy, visible by flames.

Question 9

Definition of explosive

Answer 9

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 producing a pyrotechnic effect

Question 10

Examples of an explosive and what is NOT an explosive

Answer 10

Explosive:

• Gunpowder
• Dynamite
• Fuses
• Rockets

NOT Explosive:

• Firearms
• Fireworks

Question 11

Property definition:

Answer 11

Property includes any real and personal, and any estate or interest in any real or personal property (money, electricity) and any debt and any other right or interest

Question 12

Explain property in regards to damaged by fire or means of explosive

Answer 12

Only tangible property is capable of being damaged directly by fire or explosive.

However, intangible property may be damaged indirectly e.g. information stored on a computer

Question 13

Explain ‘life’ in the context of arson

Answer 13

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

Question 14

Claim of right defintion

Answer 14

Claim of right in relation to any act, means a belief at the time of the act in a proprietary or possessory right in property to which an offence is alleged to have been committed.

Question 15

What is immoveable property?

Answer 15

Immoveable property is not defined. In general it relates to buildings and land and things growing on land.

Property will be considered immoveable if it is currently fixed in place, even though it may be possible to make it movable.

Question 16

Vehicle definition

Answer 16

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

Question 17

Ship definition

Answer 17

Every description of vessel used in navigation, however propelled and includes any barge, dinghy or like vessel

Question 18

Aircraft defintion

Answer 18

Any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth

Question 19

Define loss

Answer 19

Loss is not defined by statute but in most cases will involve financial detriment to the victim. It is not necessary that the victims loss results in benefit to the offender

Question 20

Person in regards to arson

Answer 20

Legislation provides a wide definition of the term “person” that incorporates not only real people, but also companies, public bodies, board, society etc.

Question 21

Explain ‘attempts’ in terms of Arson

Answer 21

Section 268 Attempted Arson

Covers situations where the offender intends to commit arson and takes steps towards doing so, but for whatever reason the full offence is not committed

Recklessness is not sufficient for Attempted Arson

Question 22

What must occur to be guilty of an Attempted Arson?

Answer 22

• Intends to commit arson
• Progressed past the stage of preparation (real and practical step)
• Sufficiently proximate

Question 23

What is the point of origin?

Answer 23

The exact location that:

• A component failed
• A fire was maliciously lit
• An accidental fire originated