Day 3: Arson Definitions

Question 1

Fire:

Answer 1

Fire is a result of combustion, a chemical reaction between fuel and oxygen, triggered by heat.

R v Archer

Question 2

Explosive:

Answer 2

Explosive means capable of sudden expansion owing to a release of internal energy.

R v Archer

Question 3

Property:

Answer 3

S 2(1) - includes any real and personal property, and any estate, money, electricity, debt, anything in action, and any right or interest

Question 4

Immovable Property:

Answer 4

Relates to building, land and thing growing on land.

Considered immovable if fixed in place, even though it is capable of being moved.

Question 5

Likely to ensue (in terms of danger to life):

Answer 5

Offender merely has to know there is a chance or risk of danger to life.

Question 6

Damages by fire:

Answer 6

Requires 2 elements:

1) That there is damage
2) That the damage was
caused by fire or explosive.

Includes when property is scorched, charred, melted, smoke damage etc

Question 7

Vehicle:

Answer 7

A device equipped with wheels, tracks or revolving runners on which it moves

Question 8

Ship:

Answer 8

A vessel used in navigation

Question 9

Aircraft:

Answer 9

Any machine that can obtain support in the atmosphere

Question 10

Claim of right:

Answer 10

A proprietary right to the property

Question 11

Intentionally:

Answer 11

Intent means that an act or omission be done deliberately. The act must be more than involuntary or accidental.

R v Collister

Question 12

In which that person has no interest:

Answer 12

Interest is not defined in the legislation, however the courts have defined tenancy in a property constitutes an interest.

R v Wilson