Arson Liabilities, Case Law and definitions Flashcards
Section 267(1)(a) Crimes Act 1961
Arson (Danger to life)
- 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.
Section 267(1)(b) Crimes Act 1961
Arson (Vehicle / Immovable property - no interest)
- 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
Section 267(1)(c) Crimes Act 1961
Arson (Cause loss OR obtain benefit)
- 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.
R V ARCHER
Application: Damage to property
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
R V WILSON
Application: Interest in property
Tenancy of a property constitutes an interest in it
Arson (danger to life) - act and section
Crimes act 1961 - section 267(1)(a)
Arson (danger to life) - ingredients
Crimes act 1961 - section 267(1)(a)
- 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
Arson (vehicle/immovable property - no interest) - act and section
Crimes act 1961 - section 267(1)(b)
Arson (vehicle/immovable property - no interest) - ingredients
Crimes act 1961 - section 267(1)(b)
- 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 or obtain benefit) - act and section
Crimes act 1961 - section 267(1)(c)
Arson (obtain benefit or cause loss) - ingredients
Crimes act 1961 - section 267(1)(c)
- 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
Circumstantial Evidence
R V COLLISTER
Circumstantial Evidence may be inferred from:
- The offenders actions / words before during or after the event
- The surrounding circumstances
- The nature of the act itself
Circumstantial evidence - case law
An intention to commit the act with an intention to get a specific result
R V COLLISTER
A defendants intent can be inferred from the circumstantial evidence:
- Actions before during and after
- Surrounding circumstances
- Nature of the act itself
Reckless
The conscious and deliberate taking of an unjustified risk
R V CAMERON/ R V TIPPLE
Damages by fire - Case law
R V ARCHER
Property may be damaged if it suffers permanent or temporary physical harm or impairment of its use or value
Explosive
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 of producing a pyrotechnic effect.
Property
Any real or personal property
Real estate or interest in any real or personal property, money, electricity and any debt and anything in action and any other right or interes
Knowing - Case law
SIMESTER AND BROOKBANKS
Knowing or correctly believing. They may believe something wrongly but they cannot know something false
Life
In this context - Human life other than the defendant
Claim of right
A belief at the time of the offence a right to the property.
Must be genuine and honest but may be based on ignorance or mistake of fact or law
Immoveable
Fixed in place and unable to be moved, even though it may be possible to make it move.
R V WILSON
Interest - provide case law
R V WILSON
Tenancy of a property constitutes an interest in it
Application interest in property
Obtain
Obtain or retain for himself, herself or any other person
Benefit
A special right or advantage
Loss
Financial detriment to the victim
SIMESTER AND BROOKBANKS
Knowing or ought to know - case law
SIMESTER AND BROOKBANKS
Knowing or correctly believing - they can believe something wrongly but cannot know something false.
Fire
The process of combustion - a reaction between fuel and oxygen triggered by heat.
R V COLLISTER
Big ‘C’ - Circumstantial
Circumstantial evidence from which an offenders intent may be inferred can include: - the actions and words before during and after the event
- Surrounding circumstances
- Nature of the act itself
Recklessness is established if….
CAMERON V R
Recklessness - The defendant deliberately took an unjustified risk
(TIP ALL) (I’m going ‘Tip all’ these stones off this bridge and it might hit the cars below
R V TIPPLE
Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires “a deliberate decision to run the risk”
Morely - More - More Money - Less money
Morely v R
“Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired”
(Archer with flaming arrow)
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
