Definitions Flashcards
Fire
Process of combustion, chemical reaction between fuel, oxygen and heat.
Fuel is heated to ignition temp, releases gases which react oxygen. Results in release of heat and light energy which are visible as flames.
Intentionally
Two specific types of intention in an offence.
1) Intention to commit the act
2) Intention to get a specific result.
Prosecution must prove offenders intent beyond reasonable doubt.
Circumstantial evidence from which offenders intent can be inferred:
- offenders actions and words before, during and after the event
- the surrounding circumstances
- the nature of the act itself
Recklessly
Must be proved that the defendant was aware of the risk and proceeded regardless, but also that it was unreasonable for him to do so.
2 parts:
1) That the defendant consciously and deliberately ran a risk (subjective)
2) That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (objective, would reasonable person take the risk)
Damages by Fire
Although fire damage will often result in 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.
Explosive
Section 2, Arms Act 1983
(a) Means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect.
(b) includes gunpowder, nitroglycerine, dynamite, gun cotton, blasting powder, fulminate of mercury or of other metals, coloured flares, fog signals, fuses, rockets, percussion caps, detonators, catridges and ammunition of all descriptions.
DOES NOT INCLUDE FIREARM OR FIREWORK
Property
Section 2, Crimes Act 1961
Property includes real and personal property, and any estate or interest in any real or personal property (money, electricity) and any debt.
Only tangible property capable of being damaged directly by fire or explosive.
Knows or ought to know
1) What was the defendant thinking at the time
2) Did the defendant know that human life was likely to be endangered by his actions
3) If insufficient for above, what would a reasonable Person have thought and done in same circumstances.
Danger to life
Life means human life, and the danger to life must be someone other than the defendant
Claim of right
Section 2, Crimes Act 1961
Claim of right, in relation to any act, means a 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, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
Immovable property
In general, relates to buildings and land and things growing on land, such as forests.
Considered immovable if fixed in place and unable to be moved, even though it may be possible to make it movable.
Vehicle
Section 2, Land Transport Act 1998
Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.
Includes hovercraft, skateboard, in line skates, and roller skates.
Does not include,
pushchair, shopping trolley, wheelbarrow, lawnmower, furniture, wheelchair not powered by mechanical power.
Ship
Section 2, Crimes Act 1961
Every description of vessel used in navigation, however propelled.
Aircraft
Section 2, Crimes Act 1961
Means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth.
Interest
Not defined by legislation, however courts have held that tenancy of a property constitutes an interest in it.
Cannot charge a tenant under 1(b), but can under (a) and (c).
Obtain
Section 217, Crimes Act 1961
In relation to any person, means obtain or retain for himself or herself or for any other person.
