Day 3: Arson Caselaw

Question 1

R v Collister

Answer 1

Intent:

Intent can be inferred from the circumstances:

• Offenders words and
  actions before, during
  and after
• The surrounding
  circumstances
• The nature of the act
  itself

Question 2

Cameron V R

Answer 2

Recklessness:

• Reckless is establish if:

(a) the offender recognised that there was a real possibility that:

(i) their actions would bring upon the proscribed result

(ii) that the proscribed circumstances existed

(b) having regard to the risk their actions were unreasonable

Question 3

R v Tipple

Answer 3

Recklessness:

Requires that the offender know of, or have a conscious appreciation for the relevant risk. A deliberate decision to run the risk.

Question 4

R v Archer

Answer 4

Damages by fire/explosive:

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

Question 5

R v Smith

Answer 5

Danger to life

Common sense requires the danger to life should be interpreted as danger to the life of some person other than the fire starter

Question 6

R v Wilson

Answer 6

Tenancy

Tenancy defined by court of appeal as an interest in that property

Question 7

R v Morely

Answer 7

Cause loss

Loss is assessed by the extend to which the complainants position prior to the offence has been diminished or impaired.