Intentional Damage/Supply Explosive Flashcards
Intentional Damage
S269 - INTENTIONAL DAMAGE
(1) - Everyone, intentionally/recklessly destroys/damages, any property, if they know or ought to know that danger to life is likely to result.
(2) (a) - Everyone, intentionally/recklessly, and without claim of right, destroys/damages any property, in which that person has no interest
(2) (b) - Everyone, intentionally, and without claim of right, destroys/damages any property, with intent to obtain any benefit, OR with intent to cause loss to any other person.
Intentional Damage
Same as arson but will usually involve damage to property by other means - eg water damage
Providing Explosives to Commit an Offence
S272 - PROVIDING EXPLOSIVES TO COMMIT AN OFFENCE
Knowingly (must prove knew it was an explosive substance)
Has in his or her possession or makes any explosive substance, or any dangerous engine, instrument, or thing
With intent to use or enable another person to use the substance, dangerous engine, instrument, or thing, to commit an offence.
Possession
POSSESSION
Defendant must intend the explosive or device to be used by another person to commit an offence, but, no need for the defendant to be aware either of the identity of the person who will ultimately use the explosive or device, or of the precise nature of the offence to be committed.
R V HALLUM
Court held that “knowingly having possession of an explosive substance, must prove offender knowingly had the substance in his possession and that he knew it to be an explosive substance”