Arson Module - Definitions Flashcards
What is the definition of ‘benefit’ with regard to section 267 and 269?
Means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.
What is the definition of ‘intent’?
There are two specific types of intention – an intention to commit the act and an intention to get a specific result. Intent means that the act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.
What is the definition of ‘reckless’?
Consciously and deliberately taking an unjustifiable risk.
What is the definition of ‘damage’?
Any change in an object that impairs its value or usefulness may constitute damage; whether or not such a change amounts to damage is a matter of fact and degree to be determined on a case by case basis.
What is the definition of ‘fire’?
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. For fire to start or continue, each of the three elements – fuel, oxygen and heat – must be present in the correct proportions.
What is the definition of ‘explosive’?
Means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect. Not fireworks or firearms.
What is the definition of ‘property’?
Property includes real and 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.
Only tangible property is capable of being damaged directly by fire or explosive, however, intangible property may be damaged indirectly e.g. information stored on a computer that becomes irretrievable when the computer is damaged by fire.
What is the definition of ‘life’?
Means human life, and the danger must be to the life of someone other than the defendant.
What is the definition of ‘claim of right’?
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.
What is the definition of ‘immovable’?
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.
What is the definition of a ‘vehicle’?
Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; and includes a hovercraft, skateboard, in-line skates, and roller skates.
What is the definition of a ‘ship’?
Means every description of 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.
What is the definition of an ‘aircraft’?
Section 2, Civil Aviation Act 1990
Aircraft 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.
What is the definition of ‘obtain’?
In relation to any person, means obtain or retain for himself or herself or any other person.
What is the definition of ‘loss’?
In most cases will involve financial detriment to the victim.
