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arson module > Arson Liabilities > Flashcards

Arson Liabilities Flashcards

1
Q

What is the section and elements for Arson (Danger to life)

A

s267(1)(a) CA 1961

  • Intentionally OR recklessly
  • Damages by fire OR damages by means of any explosive
  • Any property
  • If he OR she knows OR ought to know that danger to life is likely to ensue
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2
Q

Define intentionally

A

Intent involves two parts, intent to commit the act and intent to get a specific result.

Intent requires the act or omission to be done deliberately

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3
Q

Name and explain the case law for intent/intentionally

A

R v Collister: Intent may be inferred by:
- the offenders’ actions before, during, and after the event
- the surrounding circumstances
- the nature of the act itself

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4
Q

Define recklessly

A

Consciously and deliberately taking an unjustified risk.

Unjustified/unreasonable is determined by its social utility or lack there of.

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5
Q

Name and explain the case law for recklessly

A

R v Cameron: Recklessness is established if:
- the Defendant recognised that there was a real possibility that his or her actions would bring about the proscribed result and/or the proscribed circumstances exist, and
- having regard to that risk, his or her actions were unreasonable

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6
Q

Cameron v R created a objective/subjective test for Recklessness. Discuss

A

R v Cameron outlined that recklessness is established if:
- the Defendant recognised that there was a real possibility that his or her actions would bring about the proscribed result and/or the proscribed circumstances exist [subjective], and
- having regard to that risk, his or her actions were unreasonable [objective]

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7
Q

Define damage using case law

A

R v Archer: Property may be damaged if it suffers permanent or temporary physical harm or impairment of it’s use or value

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8
Q

Define fire

A

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

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9
Q

Discuss what is sufficient for “damages by fire”

A

Damage by fire need not require property be set alight. Burning, charing, blistering, or smoke damage is sufficient.

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10
Q

What is a explosive?

A

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

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11
Q

Define property

A

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

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12
Q

Can intangible property be damaged by fire or explosive?

A

Only tangible property can be directly damaged by fire or explosive. However, intangible property may be damaged indirectly

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13
Q

Define knows/knowing

A

Correctly believing

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14
Q

Define life as it relates to arson

A

Life refers to human life, other than the defendant, only.

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15
Q

When considering what a suspects knowledge is, what two aspects should you consider?

A

Subjective - What were they thinking?
Objective - What would a reasonable person have thought in the circumstances?

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16
Q

What are the section and elements for Arson (Vehicle/immovable property - no interest)?

A

s267(1)(b) CA1961

Elements:
- Intentionally OR Recklessly
- Without claim of right
- Damages by fire OR damages by means of any explosive
- Any immovable property OR vehicle OR Ship OR aircraft
- In which that person has no interest

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17
Q

Define claim of right?

A

A belief at the time of the act in a proprietary or possessory right in the property in relation to which the offence is alleged to have been committed.

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18
Q

Does a claim of right need to be correct and relate to the defendant themselves?

A

A claim of right may be based on ignorance or mistake of fact or matter of law.

One can rely on anothers claim of right.

19
Q

What is immovable property?

A

Property, which is currently fixed in place and unable to be moved, even though it may be possible to make it moveable

20
Q

Give examples of immovable property

A

Buildings, land, things growing on land and currently fixed relocatable buildings

21
Q

What is a vehicle?

A

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

22
Q

What is a ship?

A

Vessel used in navigation, however propelled

23
Q

What is an aircraft?

A

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

24
Q

Discuss tenancy as it relates to interest in property

A

R v Wilson outlined that tenancy in a property constitutes an interest in it.

In this case consider other arson charges.

25
Q

What are the section and elements for Arson (cause loss or obtain benefit)?

A

s267(1)(c) CA 1961

Elements:
- Intentionally
- Damages by fire OR Damages by means of any explosive
- Any immovable property OR Vehicle OR ship OR Aircraft
- With intent to obtain any benefit OR cause loss to any other person

26
Q

Define “obtain” legal definition

A

To obtain or retain for himself, herself or any other person

27
Q

Define benefit

A

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

28
Q

What is the definition and then case law for loss?

A

Loss will usually involve financial detriment, but not exclusively.

R v Morley: loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.

29
Q

Define a person as it relates to the victim in Arson s267(1)(c)or 267(2)(b)

A

Capable of doing or owning property.

Includes the crown, public bodies, local bodies, boards, societies, companies other any other body

30
Q

What is the general distinction between s267(1)(b-c) and s267(2)(a-b)?

A

Theylargely mirror each other, but s267(2) relates to less valuable property.

31
Q

Section and elements of arson (other - no interest)

A

s267(2)(a) CA 1961

Elements:
- Intentionally OR recklessly
- Without claim of right
- Damages by fire OR Damages by means of any explosive
- Any property
- In which that person has no interest (other than property referred to in subsection (1))

32
Q

For Arson subsection (2), what counts as “any property”?

A

Property other than immovable property, vehicles, ships, or aircraft

33
Q

Section and elements of Arson (cause loss or obtain benefit - other)

A

s267(2)(b) CA1961

Elements:
- Intentionally OR recklessly
- Damages by fire OR damages by means of any explosive
- Any property (other than property referred to in subsection (1))
- With intent to obtain any benefit OR Cause loss to any other person

34
Q

Discuss the element of recklessness as it relates to arson 267(2)(b) (cause loss or obtain benefit- other)

A

Recklessness appears inconsistent with the final element, which includes “with intent”. Technically however, the elements still stands.

35
Q

Section and elements of Arson - reckless disregard for the safety of other property

A

s267(3) CA 1961

Elements:
- Intentionally
- Damages by fire OR damages by means of any explosive
- Any property
- With reckless disregard for the safety of any other property

36
Q

What must be proven for the element “with reckless disregard for the safety of any other property?

A

It must be proven that the offender intended to damage some property, recognising there was a risk of damaging other property at well, but proceeding regardless of that risk

37
Q

What are the section and elements of attempted arson?

A

s268 CA 1961

Elements:
- Everyone
- Attempts to commit arson
- In respect of any immovable property OR vehicle OR ship OR aircraft

38
Q

Discusses intent vs recklessness for Attempted Arson

A

For Attempted Arson offender must intend the full offence. Recklessness is not sufficient despite with being sufficient for Arson itself

39
Q

Attempt definition

A

Everyone commits an attempt, having intent to commit an offence, does or omits an act for the purpose of accomplishing his object, whether in the circumstances it was possible to commit the offence or not

40
Q

Discuss an attempt vs preparation for an offence

A

The principal of “sufficiently proximate”. An act may constitute an attempt if it is immediately or proximatly connected with the intended offence, whether or not there was any single act unequivocally showing the intent to commit that offence.

It is a matter of law whether an act ammounts to an attempt.

41
Q

Name and discuss the case law relevant to attempts

A

R v Harpur: An attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in the commission of a crime.

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops… the defendant’s conduct may be considered in its entirety. Considering how much remains to be done is always relevant, though not determanitive.

42
Q

What are ALL the sections and elements for intentional damage?

A

s269(1) CA 1961
- Intentionally OR Recklessly
- Destroys OR damages
- Any property
- If he or she knows OR ought to know that danger to life is likely to RESULT

s269(2)(a) CA 196
- Intentionally OR recklessly
- Without claim for right
- Destroys OR damages
- Any property
- In which that person has no interest

s269(2)(b) CA 1961
- Intentionally OR recklessly
- Without claim of right
- Destroys OR damages
- Any property
- With intent to obtain any benefit OR cause loss to any other person

s269(3) CA 1961
- Intentionally
- Destroys OR damages
- Any property
- With reckless disregard for the the safety of any other property

43
Q

Outline the offence Providing explosives to commit an offence

A

Has in their possession or makes any explosive substance, dangerous engine, instrument, or thing with intent to use it to commit an offence or enable another person to use it to commit an offence.

You must prove they knowingly had it and knew what it was.

Should only be used for “things” that explode, cause fire or emit noxious things.

The defendant must know the identity of the person who will commit the offence, but need not know the precise nature of the offence

arson module (2 decks)

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