DEFINITIONS (Arson) Flashcards
RECKLESSLY
A conscious and deliberate taking of an unjustified risk - foresaw the risk
DAMAGES BY FIRE
Fire is combustion resulting in a chemical reaction between fuel and oxygen triggered by heat. Although fire damage will often involve scorching or charring it is not necessary that the property is actually set alight.
Melting, blistering of the paint or significant smoke damage may be sufficient.
Property has been scorched or charred by the fire.
Have suffered permanent or temporary physical harm R V ARCHER
NO INTEREST
X has no interest in that (property/ vehicle) x neither owns it or leases it or has control of it.
EXPLOSIVE
Means capable of sudden expansion owing to a release of internal energy and includes the capability to generate -
- deflagration
- pyrotechnic effects
And explosion has a corresponding meaning
PROPERTY
Property includes real and personal property -
Any estate
Or interest
Money
Electricity
Debt
Anything in action
Any other right or interest
KNOWS OR OUGHT TO KNOW
Subjective test - what was the defendant thinking at the time? Did the defendant know that human life was likely to be endangered by his actions?
Objective test - what would a reasonable person have thought in the same circumstances? Would a reasonable person have recognised the risk?
DANGER TO LIFE
Human life, danger to life if some person other than the fire setter R V SMITH
LIKELY TO ENSUE
A chance of a risk - did they know there was a risk to danger to life
SHIP
Means every description of vessel used in navigation, however propelled and includes any barge, lighter, dinghy, raft, or like vessel and also includes any ship belonging to or used as a ship of the armed forces of any country
INTEREST (in property)
No def - the tenancy of a property constitutes an interest in it.
OBTAIN
Obtain for retain for himself or for any other person
BENEFIT
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration
CAUSE LOSS
Involves financial detriment to the victim R V MORLEY victims position before the fire has been diminished or impaired.
