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DDC 06/2022 > Arson Liabilities, Case Law and definitions > Flashcards

Arson Liabilities, Case Law and definitions Flashcards

1
Q

Section 267(1)(a) Crimes Act 1961

A

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.
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2
Q

Section 267(1)(b) Crimes Act 1961

A

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
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3
Q

Section 267(1)(c) Crimes Act 1961

A

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.
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4
Q

R V ARCHER

A

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.

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5
Q

R V WILSON

A

Application: Interest in property

Tenancy of a property constitutes an interest in it

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6
Q

Arson (danger to life) - act and section

A

Crimes act 1961 - section 267(1)(a)

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7
Q

Arson (danger to life) - ingredients

A

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
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8
Q

Arson (vehicle/immovable property - no interest) - act and section

A

Crimes act 1961 - section 267(1)(b)

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9
Q

Arson (vehicle/immovable property - no interest) - ingredients

A

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
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10
Q

Arson (cause loss or obtain benefit) - act and section

A

Crimes act 1961 - section 267(1)(c)

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11
Q

Arson (obtain benefit or cause loss) - ingredients

A

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
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12
Q

Circumstantial Evidence

R V COLLISTER

A

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
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13
Q

Circumstantial evidence - case law

A

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
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14
Q

Reckless

A

The conscious and deliberate taking of an unjustified risk

R V CAMERON/ R V TIPPLE

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15
Q

Damages by fire - Case law

A

R V ARCHER

Property may be damaged if it suffers permanent or temporary physical harm or impairment of its use or value

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16
Q

Explosive

A

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.

17
Q

Property

A

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

18
Q

Knowing - Case law

A

SIMESTER AND BROOKBANKS

Knowing or correctly believing. They may believe something wrongly but they cannot know something false

19
Q

Life

A

In this context - Human life other than the defendant

20
Q

Claim of right

A

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

21
Q

Immoveable

A

Fixed in place and unable to be moved, even though it may be possible to make it move.

22
Q

R V WILSON

Interest - provide case law

A

R V WILSON

Tenancy of a property constitutes an interest in it

Application interest in property

23
Q

Obtain

A

Obtain or retain for himself, herself or any other person

24
Q

Benefit

A

A special right or advantage

25
Q

Loss

A

Financial detriment to the victim

26
Q

SIMESTER AND BROOKBANKS

Knowing or ought to know - case law

A

SIMESTER AND BROOKBANKS

Knowing or correctly believing - they can believe something wrongly but cannot know something false.

27
Q

Fire

A

The process of combustion - a reaction between fuel and oxygen triggered by heat.

28
Q

R V COLLISTER

Big ‘C’ - Circumstantial

A

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
29
Q

Recklessness is established if….

CAMERON V R

A

Recklessness - The defendant deliberately took an unjustified risk

30
Q

(TIP ALL) (I’m going ‘Tip all’ these stones off this bridge and it might hit the cars below

R V TIPPLE

A

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”

31
Q

Morely - More - More Money - Less money

Morely v R

A

“Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired”

32
Q

(Archer with flaming arrow)

R V ARCHER

A

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value

DDC 06/2022 (15 decks)

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