Liabilities Definitions

Question 1

Define Intent

Answer 1

: There are two types on intent. Firstly, an act or omission that is done deliberately. The act or omission must be more than involuntary or accidental. The second type of intent is to produce a specific result. AIM, OBJECT, PURPOSE

Question 2

Define Recklessly

Answer 2

Acting recklessly involves consciously and deliberately taking an unjustifiable risk.

Question 3

Define Fire

Answer 3

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. For fire to start or continue, each of the three elements must be present in the correct proportions

Question 4

Damages by Fire (R v Archer)

Answer 4

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value

Question 5

Define S2 Arms Act 83 (Explosives)

Answer 5

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 AND

b) includes gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powder, fulminate or mercury or of metals, coloured flares, fog signals, fuses, rockets, percussion caps, detonators, cartridges, and ammunition of all descriptions

d) Does not include any firework as defined in section 2 of the Hazardous Substances and New Organisms Act 1996

Question 6

Define S2 CA61 Property

Answer 6

– Includes real and personal property, and any estate or interest in any real or personal property, (Money/electricity) and any debt, and anything in action, and any other right of interest.

Question 7

Define Life

Answer 7

Life in this context means human life and must be life of someone other than the defendant.

Question 8

Define Knowledge

Answer 8

: “Simester and Brookbanks suggests knowing means “Knowing or correctly believing” and that “The defendant may believe something wrongly, but cannot know something that is false”

Subjective test – What was the defendant thinking at the time? Did the defendant know that human life was at risk at the time

Objective test – What would a reasonable person have thought in the same circumstances? Would a reasonable person have recognised the risk

Question 9

Define S2 CA61 Claim of Right

Answer 9

Claim of right in relation to any act, means a belief, at the time of the act in a proprietary or possessory right, in relation to which the offence is alleges 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

Question 10

Define Immovable Property

Answer 10

– Immovable property is not defined by statute. In general terms, immovable property 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 movable

Question 11

Define S2 CA61 Vehicle

Answer 11

A contrivance equipped with wheels or tracks or revolving runners on which it moves or is moved

Question 12

Define S2 CA61 Ship

Answer 12

Ship means every description of vessel used in navigation, however propelled, and includes any barge, lighter, dinghy, raft, or vessel and also includes any ship belonging to or used as a ship of the armed forces of any country

Question 13

Define S2 Aviation Act 1990 Aircraft

Answer 13

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.

Question 14

Define No Interest in Property

Answer 14

No Interest in property is not defined by legislation, however the courts have held that TENACY of a property constitutes a interest in it

Question 15

Define S217 CA61 Obtain

Answer 15

Obtain in relation to any person, means obtain or retain for himself or herself or for any other person

Question 16

Define S267(4) CA61 Benefit

Answer 16

In this section and in S269 CA 61, Benefit means any benefit, pecuniary advantage, privilege, property, service or valuable consideration

Note: Subsection 267(1)(c) CA61 includes damage to the defendant’s own property if it is done with the intent to obtain a benefit. Ie Burning down own house to make a fraudulent claim for insurance

Question 17

Define Cause Loss

Answer 17

Loss is not defined by statue but in most cases will involves financial detriment to the victim. Loss can be covered in case law R v Morley.

R v Morley – Loss…….is assessed by the extent to which the complainant’s position, prior to the (offence), has been diminished or impaired.

Question 18

Define S2 CA61 Any Other Person

Answer 18

Person, owner and other words and expressions of the like kind, include Crown and any public body or local authority, and any board, society or company and any other body of persons, whether incorporated or not, and the inhabitants of the district of any local authority, in relation to such acts and things as it or they are capable of doing or owning

Question 19

Prosecution must prove with Reckless Disregard

Answer 19

It must be proved that the offender INTENDED to damage some property, recognising that there was a risk of damaging other property as a consequence, but proceeding regardless of that risk

Question 20

Define S72 CA61 Attempts

Answer 20

(1) Everyone who, having intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
(2) The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.
(3) An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing intent to commit that offence.

Question 21

Define Property in relation to S267(3) CA61

Answer 21

Property relates to any property regardless of value

Question 22

Define DAMAGE in S269 CA 61

Answer 22

Charges under S269 CA 61 will usually involve damage to property by other means whatsoever, with the different offences being separated by external circumstances and different mind sets