Definitions / Discussions Flashcards
DAMAGES BY FIRE
Widens the scope of arson to include situations where property is damaged by fire but not necessarily set alight, such as heat damage, melting, oxidation or smoke damage.
DANGER TO LIFE
Danger to life is given a commonsense meaning requiring the danger to life of some person other than the defendant.
EXPLOSIVE s2, Arms Act 1983
shortened def
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect,
Includes: gun powder, gelignite, detonators
Does Not Include: Firearms, fireworks
PROPERTY s2, Crimes Act 1961
shortened def
Property includes any real or personal property and any estate or interest in any real or personal property, money, electricity and any debt, and any thing in action, and any other right or interest.
KNOWS / OUGHT TO KNOW
Knowledge - Mere suspicion is not enough. Knowledge involves a certainty that is free from doubt.
CLAIM OF RIGHT s2, Crimes Act 1961
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, it relates to buildings and land and things growing on land, such as forests.
Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable.
VEHICLE/SHIP AIRCRAFT
Vehicle: S2, Land Transport Act 1998. short def: Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved;
Ship: Section 2 Crimes Act 1961, 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
Aircraft: Section 2 Civil Aviation Act 1990, Aircraft 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
No claim or interest in
OBTAIN s217, Crimes Act 1961
Means obtain or retain for himself or herself or any other person.
BENEFIT s267(4) Crimes Act 1961
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration.
CAUSES LOSS
Criminality can only arise from direct loss; indirect losses such as expectation loss (loss of a bargain) and loss of anticipated future profits are not included.
INTENT
A person does something “intentionally” if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it.
RECKLESSNESS
A conscious and deliberate taking of an unjustifiable risk.
