Arson Offences Flashcards
Arson (danger to life)
Section, Act, Imprisonment
Ingredients
Arson (danger to life)
Section 267(1)(a) Crimes Act 1961
14 yrs imprisonment
Ingredients.
Intentionally
or
Recklessly
Damages by fire
or
Damages by means of explosive
Any property
If he or she knows
or ought to know that danger to life is likely to ensue.
Arson (danger to life)
Section 267(1)(a) Crimes Act 1961
14 yrs imprisonment
List the Ingredients along with titles of definitions and case law
Arson (danger to life)
Section 267(1)(a) Crimes Act 1961
14 yrs imprisonment
Ingredients.
Intentionally
Intent
R v Mohan
R v Waaka
or
Recklessly
Reckless
R v Harney
Damages by fire
Damages by fire
R v Archer
or
Damages by means of explosive
Explosive - S.2 Arms Act 1983
Any property
Property - S.2 Crimes Act 1961
If he or she knows
or ought to know that danger to life is likely to ensue.
Knowledge - Simister and Brookbanks
Life
In relation to arson Define intentionally
Intent
A person does something “intentionally” if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it.
R v Mohan
Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence…”
R v Waaka
A “fleeting or passing thought” is not sufficient; there must be a firm intent or a
firm purpose to effect an act.
In realation to Arson define Recklessly
Reckless
Acting “recklessly” involves consciously and deliberately taking an unjustifiable
risk.
R v Harney
Recklessness involves “foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.”
in relation to Arson explain Damages by fire
Damages by fire
Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient
Arson
Discuss the case law that realtes to Damages by fire
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.
The ingredient Damages by means of explosive.
Define Explosive
Explosive - Sec. 2 Arms Act 1983
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,
Includes: gun powder, gelignite, detonators
Does Not Include: Firearms, fireworks
What is the defination of the ingredient Any property
Property - Section 2, Crimes Act 1961
Property includes any real or 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.
The ingredients:
If he or she knows or ought to know that danger to life id likely to ensue
Define knowledge and life
Knowledge –
Knowing means “knowing or correctly believing”
Simester and Brookbanks
The defendant may believe something wrongly, but cannot “know” something
that is false.
Life
“Life” in this context means human life, and the danger must be to the life of
someone other than the defendant.
Arson (no intrest)
Section, Act, Imprisonment
Ingredients
Arson (no intrest)
Section 267(1)(b) Crimes Act 1961
14 yrs imprisonment
Ingredients
Intentionally
Or
Recklessly
And without claim of right
Damages by Fire
OR
Damages by means of explosive
Any immovable property or any vehicle, ship or aircraft in which that person has no interest
Arson (no intrest)
Section 267(1)(b) Crimes Act 1961
14 yrs imprisonment
List the Ingredients along with titles of definitions and case law
Arson (no intrest)
Section 267(1)(b) Crimes Act 1961
14 yrs imprisonment
Ingredients
Intentionally
Intent
R v Mohan
R v Waaka
Or
Recklessly
Reckless
R v Harney
And without claim of right
Claim of right - S.2 Crimes act 1961
Damages by Fire
Damages by fire
R v Archer
OR
Damages by means of explosive
Explosive - S.2 Arms Act 1983
Any immovable property or any vehicle, ship or aircraft in which that person has no interest
Immovable propery
Property - S.2 Crimes Act 1961
Vehicle - S.2 LAnd Transport Act 1998
Ship - S.2 Crimes Act 1961
Aircraft - S.2 Civil Aviation Act 1990
Person
What is the definition for Claim of right?
Claim of Right
Sec 2, Crimes Act 1961
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
Discuss what is meant by Immovable property
Immovable property
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 for a vehicle
Vehicle
Sec. 2, Land Transport Act 1998
Means a contrivance equipped with wheels, tracks, or revolving runners
on which it moves or is moved;
Whats the definition for a ship
Ship
Sec 2, Crimes Act 1961
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
