Arson Liabilities Flashcards
Arson (Danger to Life)
List the section, elements & punishment
Arson Danger to Life
S.267 (1)(a) CA1961
14yrs Imprisonment
-Intentionally or recklessly
-Damages by fire (or) damages by means of any explosive
-Any property
-If her or she knows (or) ought to know that danger to life is likely to ensue
Arson (Vehicle/immovable Property -No Interest)
List the section, elements & punishment
Arson Immovable Property
S. 267 (1)(b) CA1961
14yrs Imprisonment
-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
Arson (Cause loss/Obtain Benefit)
List the section, elements & punishment
Arson Cause Loss/Obtain Benefit
S. 267 (1)(c) CA1961
14yrs Imprisonment
-Intentionally
-Damages by fire (or) 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
What are some examples of circumstantial evidence from which an offenders intent can be inferred?
An offenders intent can be inferred by:
-Their actions and words before, during and after the event
-The surrounding circumstances
-The nature of the act itself
What must you prove in relation to recklessness?
When recklessness is an element of the offence you must prove:
- That the defendant consciously and deliberately ran a risk (subjective)
- That the risk was such that it was unreasonable to take the risk in the circumstances that were known to the defendant.
(objective test -based on whether or not a reasonable person would have taken the risk)
List the elements & punishment for S.267 (2)(a) CA1961
Arson -Property
S.267 (2)(a)
7yrs Imprisonment
-Intentionally (or) recklessly
-Without claim of right
-Damages by fire (or) damages by explosive
-Any property
-In which that person has no interest
-Other than property listed in subsection 1
List the elements & punishment for S.267 (2)(b) CA1961
Arson -Cause Loss
S.267(2)(b) CA1961
7yrs Imprisonment
-Intentionally (or) recklessly
-Damages by fire (or) by explosive
-Any property (other than property listed in sub section 1)
-With intent to cause loss to any person (or) to obtain any benefit.
What three elements must be present in order for there to be fire?
Fuel, oxygen & heat
Define ‘Fire”
Fire is the result of the process of combustion, a chemical reaction between between fuel and oxygen triggered by heat.
When fuel is heated to its ignition temperature it releases gases which react with oxygen molecules, releasing heat, light and other by products such as flames
Define ‘Explosive’
An explosive is any substance or mixture or combination of substances which in its normal state is capable of decomposition at such a rapid rate as to result in an explosion causing a pyrotechnic effect.
What are some examples of explosives/explosive substances?
Explosives include;
-Gunpowder
-Nitroglycerine
-Dynamite
-Gun cotton
-Blasting powder
Define ‘Life’ in the context of Arson Danger to Life?
Life is any human life other than that of the person lighting the fire
Define ‘Knowing’
Simester & Brookbanks define knowing as “Knowing or correctly believing”
Define the two types of ‘Intent’
In a criminal context there are two elements to intent?
- An intention to do a deliberate act
- An intention to get a specific result
What was held in R v Cameron
Recklessness is established if:
-The defendant recognised the real risk that their actions would bring about the proscribed result (and/or) the proscribes circumstances existed
AND
-Having regard for the risks their actions were unreasonable
What was held in R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or temporary or permanent impairment of its use or value
List some types of ‘Damage’ that may be caused by an arson?
Arson can cause damage by:
-Burning or charring
-Smoke or heat damage
-Melting or blistering of paint
Define ‘Property’
Property includes any real or personal property and any estate or interest in any real or personal property.
Define ‘Immovable Property’
Immovable property is any property that is currently fixed and unable to be moved, even though it may be possible to make it move.
This also includes any ship vehicle or aircraft
Define ‘Vehicle’
A contrivance affixed with wheels, tracks or rollers on which it moves or is capable of being moved.
What are the two elements involved in whether the defendant ‘Knows or ought to know’ that danger to life was likely to ensue?
There are two tests when establishing whether an offfender knew or ought to know.
- What was the defendant thinking at the time? Did they know that human life was likely to be endangered by their actions? (subjective)
- What would a reasonable person in their shoes have thought in the same circumstances? Would a reasonable person have recognised the risk? (objective)
What was held in R v Smith?
Common sense requires that danger to life should be interpreted as danger to the life of some person other than that of the person setting the fire
Define ‘Without Claim of Right’
Without a belief, at the time the offence is committed, in a proprietary or possessory right to the property, in relation to which the offence is committed
Define ‘Obtain’
To obtain or retain for themselves or for any other person
Define ‘Benefit’
A benefit is any pecuniary advantage, privilege, property or service or valuable consideration
What was held in R v Morley
Loss is assessed by the extent to which the victims position prior to the offence is diminished or impaired
Attempted Arson
List the section, elements & punishment
Attempted Arson
S.268 CA1961
-Everyone
-Attempts to commit arson
-In respect of any immovable property (or) any vehicle (or) ship (or) aircraft
What was held in R v Harpur in relation to an attempt?
R v Harpur held that an attempt includes an act or omission constituting a substantial step towards the course of conduct planned
What was held in R v Harpur in relation to proximity?
R v Harpur held that an offenders actions when viewed in isolation may not be seen as preparatory but when viewed cumulatively they may amount to a criminal attempt
What is an ‘Attempt’
An attempt is an act or omission done or omitted for the purposes of achieving the offenders desired outcome
Intentional Damage (Danger to Life)
List the section, elements & punishment
Intentional Damage (Danger to life)
Section 269(1) CA1961
10yrs Imprisonment
-Intentionally (or) recklessly
-Destroys (or) Damages
-Any property
-If they know (or) ought to know that danger to life is likely to result
Intentional Damage (No Interest)
List the section, elements & punishment
Intentional Damage (No interest)
Section 269 (2)(a) CA1961
7yrs Imprisonment
-Intentionally (or) recklessly
-Without claim of right
-Destroys (or) damages
-Any property
-In which they have no interest
Intentional Damage (Cause Loss)
List the section, elements & punishment
Intentional Damage (Cause Loss)
Section 269 (2)(b) CA1961
7yrs Imprisonment
-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
Intentional Damage (Reckless Disregard)
List the section, elements & punishment
Intentional Damage (Reckless Disregard)
Section 269 (3) CA1961
7yrs Imprisonment
-Intentionally
-Destroys (or) damages
-Any property
-With reckless disregard for the safety of any other property
Providing Explosives to Commit an Offence
List the section, elements & punishment
Providing Explosives to Commit an Offence
S. 272 CA1961
2yrs Imprisonment
-Knowingly
-Has in their possession (or) makes
-Any explosive substance (or) dangerous engine (or) instrument (or) thing
-With intent to use (or) enable another person to use
-The substance, dangerous engine, instrument or thing
-To commit an offence
