Definitions Flashcards
Intentionally
- Intention to commit a deliberate
- Intention to get a specific result
R v Collister
- Surrounding circumstances
- Nature of the act
- Offenders actions, words before, during and after the event
Recklessly
Consciously & deliberately taking an unjustifiable risk.
- The defendant deliberately ran the risk (subjective)
- The risk was unreasonable to take. Would a reasonable person take the risk (objective)
Cameron v R
Damages by Fire
The property has been damaged by fire or explosive, as a result of the defendants actions.
- Burning
- Charring
- Melting
- Blistering of paint
- Smoke damage
Fire
A chemical reaction between fuel, oxygen triggered by heat. Must all be present in the correct proportion.
Flames
When fuel is heated to its ignition temp it releases gases which then react with oxygen creating flames.
Explosive
a combination of substances which in its normal state is capable of decomposition at a rapid rate as to result in an explosion.
Property
Real and personal property, an estate, money, electricity, debt any other interest or right.
Knows or ought to know
Knowing or correctly believing. The defendant may believe something wrong but cannot know something is false. (Objective and subjective test applies)
Without Claim of Right
Belief at the time of the act in a propriety or possessory right in the property in relation to the offence committed, although that belief may be based on ignorance or mistake.
- Belief in possessory right to the property.
- Belief about the right to the property.
- Belief at the time of the conduct
- Belief held by the defendant. Reasonableness is not necessary.
Immovable Property
Property that is fixed to the ground and is unable to be moved easily.
Vehicle
Contrivance equipped with wheels, tracks or revolving runners on which it moves.
Ship
Every description of vessel used in navigation, however propelled.
Aircraft
Any machine that can derive support in the atmosphere from reactions of the air against the surface of the earth.
Interest
A tenant has an interest in the property. Unless the Tenant intentionally damages property.
Benefit
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration
Cause Loss
Financial detriment to the victim.
R v Morley
Person
Person, owner, crown, public body, local authority etc.
A person is generally accepted by judicial notice or proved by circumstantial evidence.
Does or omits an act for the purpose of accomplishing his object
- The defendant must have progressed past the stage of preparation.
- Must have taken real and practical steps towards committing it.
Sufficiently Proximate
- The defendant’s conduct at the time
- Evidence of their intent
- The circumstances
- Any steps leading up to that point
R v Harpur
Examples - waiting, enticing etc
Section 272 - Providing explosives to commit an offence
- Knowingly has in their possession
- Or makes an explosive substance
- Or any dangerous engine, instrument, or thing
- To commit an offence
Must:
- know it is in their possession & know it is explosive
