Definitions Flashcards
Fire
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. For fire to start or continue, each of these three elements must be present in the correct proportions.
Explosive
Any substance or mixture or combination of substances which in it’s normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect.
Property
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.
Intentionally
In a criminal law context there are two specific types of intent. And intent to do a deliberate act and an intent to produce a specific result.
Knows or ought to know
Subjective test - what was the defendant thinking, did they know danger to life was likely to ensue.
Objective - would a reasonable person have recognised the risk?
Danger to life
Hunan life, must be to someone other than the defendant.
Claim of right
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, and that belief is not required to be reasonable and may be based on ignorance or mistake.
Immovable property
Property is considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable for example buildings and land and things growing on land, such as forests.
Vehicle
A contrivance equipped with wheels, tracks or revolving runners on which moves or is moved.
Ship
Every description of vessel used in navigation, however propelled.
Aircraft
Any machine that can derive support from the atmosphere from the reactions of air.
Obtain
Obtain or retain for himself or herself or for any other person.
Benefit
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration.
Attempts
Everyone who, having intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt, whether in the circumstances it was possible to commit the offence or not.
Sufficiently proximate
To be guilty of an attempt the defendant must have progressed beyond mere preparation and his conduct must be sufficiently proximate and taken a real and practical step towards committing the offence.