Definitions

Question 1

Intent

Answer 1

Deliberate act (must be done deliberately. More than involuntary or accidental)

to produce a specific result (aim, object or purpose)

Question 2

Reckless

When recklessness is an element of the offence, must prove:

Answer 2

Consciously and deliberately taking an unjustified risk.

1. That the defendant consciously and deliberately ran a risk (subjective)
2. The risk was unreasonable to take in the circumstances as known to the defendant (objective)

Question 3

Damages by Fire

Answer 3

Although fire damage will often involve burning, it is not necessary that the property is actually set alight.

Melting, blistering of paint or significant smoke damage may be sufficient.

Question 4

Fire

Answer 4

Result of “combustion,” a chemical reaction between fuel and oxygen triggered by heat.

Fuel is heated to ignition temperature and releases gases which react with oxygen molecules in the air.

Question 5

Explosive

As per definition in S 2 of Arms Act 1983

Answer 5

(a) 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

Question 6

Property

as per S 2 of Crimes Act 1961

Answer 6

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.

“Immovable” if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable.

Question 7

“Knows or ought to know”
“Life”
As per Simester & Brookbanks

Answer 7

“Knowing or correctly believing.” The belief must be a correct one. Where a belief is wrong, a person cannot know something.

Life in this context means human life and the danger must be to someone other than the defendant.

Question 8

Claim of Right

As per S 2 Crimes Act 1961

Answer 8

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.

Question 9

Vehicle

As per S 2 Land Transport Act 1998

Answer 9

A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.

Includes a hovercraft, skateboard, in-line skates and roller skates

Question 10

Spalling

Answer 10

Cracking or chipping of concrete as a result of being heated or cooled.

Question 11

Benefit (6)

As per S 267(4)

Answer 11

Means any:

• benefit
• pecuniary advantage
• privilege
• property
• service
• valuable consideration

Question 12

Obtain

As per S 217

Answer 12

Means to obtain or retain for himself/herself or for any other person.