ARSON - Ingredients => Definitions Flashcards
Intentionally
OR
Recklessly
Intent
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.
R v MOHAN
Intent involves a decision to bring about in so far as it lies within the accused power, the commission of the offence.
R v WAAKA
A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act.
OR
Recklessness
Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.
R v HARNEY
Foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.
RTS - (no note - just relate above to scenario)
Damages by fire
OR
Damages by means of any explosive
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 damage may be sufficient.
Fire
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.
R v ARCHER
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
OR
Explosive – Section 2, Arms Act 1983
Any substance or mixture or combination of substances which in its normal state is capable of either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect eg gun powder, gelignite.
RTS
Any property
Property - Section 2 Crimes Act 1961
Property includes any real or personal property and any estate or interest in any real or personal property, money, electricity and any debt, and any thing in action, and any other right or interest.
RTS
Knowing or ought to know danger to life is likely to ensue
Simester and Brookbanks: Principles of Criminal Law
Knowing means “correctly believing.” The defendant may believe something wrongly but cannot “know” something that is false.
This provision involves a mixed subjective / objective test as to the defendant’s degree of knowledge.
Subjective Test - what was the defendant thinking at the time? Did the defendant know that human life was likely to be endangered by his actions?
Objective Test - what would a reasonable person have thought in the same circumstances? Would a reasonable person have recognised the risk?
Danger to Life
Danger to life is given a commonsense meaning requiring the danger to life of some person other than the defendant.
RTS
And without claim of right
Claim of Right - Section 2 Crimes Act 1961
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 of any matter of law other than the enactment against which the offence is alleged to have been committed.
RTS
Any immovable property
OR
Vehicle
OR
Aircraft
OR
Ship
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.
In general, it relates to buildings and land and things growing on land, such as forests.
Property - Section 2, Crimes Act 1961
Includes any real or personal property, any estate or interest in any real or personal property (money/electricity), and any debt, and any thing in action, and any other right or interest.
OR
Vehicle - Section 2 LTSA1998
A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.
Aircraft - Section 2 Civil Aviation Act 1990
means 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
Ship - Section 2, Crimes Act 1961
Any vessel used in navigation, however propelled and includes any barge, lighter, dinghy, raft, or like vessel and also includes any ship belonging to or used as a ship of the armed forces of any country.
RTS
In which that person has no interest
Interest
No claim or interest in.
Person - These offences are gender neutral, generally accepted by judicial notice or proved by circumstantial evidence.
RTS
With intent to obtain any benefit
OR
to cause loss to any person
Intent - (usual definitinon)
R v MOHAN
R v WAAKA
Obtain - Section 217, Crimes Act 1961
In relation to any person means to obtain or retain for himself/herself or for any other person.
Benefit - Section 267(4) Crimes Act 1961
Means any benefit, pecuniary advantage, privilege, property, service, valuable consideration.
OR
Cause Loss
Criminality can only arise from direct loss; indirect losses such as expectation loss (loss of a bargain) and loss of anticipated future profits are not included.
R v MORLEY
Loss … is assessed by the extent to which the complainant’s position prior to the [offence] has been diminished or impaired
Person
Gender neutral, proven by judicial notice or circumstantial evidence.
Sec. 2 Crimes Act 1961
Legislation provides a wide definition of the term “person” that incorporates not only real people, but also companies and other organisations.
RTS
Any property In which that person has no interest
(other than property listed in section 267(1))
Property - Section 2, Crimes Act 1961
Includes any real or personal property, any estate or interest in any real or personal property (money/electricity), and any debt, and any thing in action, and any other right or interest.
Person
Proved by judicial notice or circumstantially
Interest
No claim or interest in
RTS
Any property
(other than property referred to in 267(1))
