Definitions

Question 1

Define intent

Answer 1

There are two specific types of intent.

Firstly, there must be intent to commit the act and secondly an intent to get a specific result

Question 2

Define recklessly

Answer 2

Acting recklessly involves consiously and deliberately taking an unjustifiable risk

Question 3

Define social unity inregard to risk

Answer 3

The Supreme Court in Cameron held that if the actions of the defendant have no social utility, the running of any risk subjectively appreciated is Cameron Violence Offences unreasonable and thus reckless.

Where there is some social utility in the actions of the defendant, whether those actions were unreasonable will
depend on “whether a reasonable and prudent person would have taken the risk”.

An example of no social utility: game of ‘Russian roulette’ or personal violence with a risk of serious injury or death.

An example of high social utility: surgeon undertaking a risky but
potentially lifesaving surgery

Question 4

Define damage by fire

Answer 4

Involves burning or charring, it is not necessary that the property be set alight, melting, blistering of paint or significant smoke damage.

Question 5

Define fire

Answer 5

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. All three must be present in the correct proportions

Question 6

Define explosive

Answer 6

Any substance or mixture capable of decomposition at such rapid rate which results in explosion.

Includes gunpowder, dynamite, mercury, detonators, cartridges and all ammo

Does not include fireworks

Question 7

Define Property

Answer 7

Property includes real and personal property, any estate or interest in any real or personal property.

Intangible property may be damaged INDIRECTLY E.G computer damaged by fire and then causes loss of information.

Question 8

Define danger to life

Answer 8

Life in this context means human life, and the danger must be to the life of someone other than the Defendant

Question 9

Define Without claim of right

Answer 9

A belief at the time of the act in a proprietary and possessory right in property in relation to the offence

Question 10

Define immovable property

Answer 10

Not defined, in general, relates to buildings, land and things growing on land, such as forests.

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 moveable

Question 11

Define vehicle

Answer 11

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

Includes hovercraft, skateboard, inline skates and roller skates.

Does not include:
- Push chair
- Shopping trolley not propelled by mechanical power.
- Wheelbarrow
- Pedestrian controlled lawn mower
etc

Question 12

Define Ship

Answer 12

A vessel used in navigation, however propelled

Question 13

Define Aircraft

Answer 13

A machine that can derive support from air

Question 14

Define Obtain

Answer 14

Means to obtain or retain for himself or any other person

Question 15

Define benefit

Answer 15

Under 267(4)

Benefit means any benefit, pecuniary advantage, privilege, property, service or valuable consideration

Question 16

Define cause loss

Answer 16

Financial detriment to the victim

Question 17

Define person

Answer 17

Gender neutral, proven by judicial notice or circumstantial evidence.

Also includes public body, local authority, board, society or company.

Question 18

Define crazing of glass

Answer 18

“Crazing”of glass can be created by the rapid heating of glass and also the rapid cooling of it by the application of water spray in a hot environment. It is not an indication of the use of a flammable liquid without other indicators being present also.