Definitions

Question 1

Intentionally

Answer 1

1. Intention to commit a deliberate
2. Intention to get a specific result

R v Collister
- Surrounding circumstances
- Nature of the act
- Offenders actions, words before, during and after the event

Question 2

Recklessly

Answer 2

Consciously & deliberately taking an unjustifiable risk.

1. The defendant deliberately ran the risk (subjective)
2. The risk was unreasonable to take. Would a reasonable person take the risk (objective)

Cameron v R

Question 3

Damages by Fire

Answer 3

The property has been damaged by fire or explosive, as a result of the defendants actions.

• Burning
• Charring
• Melting
• Blistering of paint
• Smoke damage

Question 4

Fire

Answer 4

A chemical reaction between fuel, oxygen triggered by heat. Must all be present in the correct proportion.

Question 5

Flames

Answer 5

When fuel is heated to its ignition temp it releases gases which then react with oxygen creating flames.

Question 6

Explosive

Answer 6

a combination of substances which in its normal state is capable of decomposition at a rapid rate as to result in an explosion.

Question 7

Property

Answer 7

Real and personal property, an estate, money, electricity, debt any other interest or right.

Question 8

Knows or ought to know

Answer 8

Knowing or correctly believing. The defendant may believe something wrong but cannot know something is false. (Objective and subjective test applies)

Question 9

Without Claim of Right

Answer 9

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.

1. Belief in possessory right to the property.
2. Belief about the right to the property.
3. Belief at the time of the conduct
4. Belief held by the defendant. Reasonableness is not necessary.

Question 10

Immovable Property

Answer 10

Property that is fixed to the ground and is unable to be moved easily.

Question 11

Vehicle

Answer 11

Contrivance equipped with wheels, tracks or revolving runners on which it moves.

Question 12

Ship

Answer 12

Every description of vessel used in navigation, however propelled.

Question 13

Aircraft

Answer 13

Any machine that can derive support in the atmosphere from reactions of the air against the surface of the earth.

Question 14

Interest

Answer 14

A tenant has an interest in the property. Unless the Tenant intentionally damages property.

Question 15

Benefit

Answer 15

Any benefit, pecuniary advantage, privilege, property, service or valuable consideration

Question 16

Cause Loss

Answer 16

Financial detriment to the victim.

R v Morley

Question 17

Person

Answer 17

Person, owner, crown, public body, local authority etc.

A person is generally accepted by judicial notice or proved by circumstantial evidence.

Question 18

Does or omits an act for the purpose of accomplishing his object

Answer 18

1. The defendant must have progressed past the stage of preparation.
2. Must have taken real and practical steps towards committing it.

Question 19

Sufficiently Proximate

Answer 19

1. The defendant’s conduct at the time
2. Evidence of their intent
3. The circumstances
4. Any steps leading up to that point

R v Harpur

Examples - waiting, enticing etc

Question 20

Section 272 - Providing explosives to commit an offence

Answer 20

1. Knowingly has in their possession
2. Or makes an explosive substance
3. Or any dangerous engine, instrument, or thing
4. To commit an offence

Must:
- know it is in their possession & know it is explosive