Definitions

Question 1

INTENT

Answer 1

Two specific types of intention in an offence. Firstly there must be an intent to commit the act and secondly, an intention to get a specific result

Question 2

RECKLESSNESS

Answer 2

Involves consciously and deliberately taking an unjustifiable risk

Cameron v R

Question 3

DAMAGES BY FIRE

Answer 3

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

Question 4

EXPLOSIVE

Answer 4

Substance or mixture or combination of substance which in its normal state is capable of either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect

AND .. includes gunpowder, nitroglycerin, dynamite, gun cotton, blasting powder, fulminate of mercury or of other metals, coloured flares, fog signals, fuses, rockets, percussion caps, detonator, cartridge and ammunition of all description

Question 5

PROPERTY

Answer 5

Includes real and personal property and any estate or interest in any real or personal property (money, electricity) and any debt and anything in action and any other right or interest

Question 6

KNOW or OUGHT TO KNOW

Answer 6

Simester and Brookbanks
Knowing means ‘knowing or correctly believing’ the belief must be a correct one where the belief is wrong a person cannot know something

Question 7

SIMESTER and BROOKBANKS

Answer 7

Knowing it correctly believing

The defendant may believe something wrongly, but cannot know something that is false

Question 8

CLAIM OF RIGHT

Answer 8

A belief in a proprietary or possessory right in the property in relations to which the offence is alleged to have been committed

Question 9

IMMOVABLE PROPERTY

Answer 9

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

Question 10

VEHICLE

Answer 10

Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved

Question 11

SHIP

Answer 11

Every description of vessel used in navigation however propelled

Question 12

INTEREST

Answer 12

Interest in property is not defined by legislation, however the courts have held that tenancy of a property constitutive an interest in it

Question 13

CAUSE LOSS

Answer 13

Financial detriment to the victim

Question 14

R v MORLEY

Answer 14

Loss is assessed by the extent to which the complainants position prior to the (offence) has been diminished or impaired