Other

Question 1

Who has the onus to prove an offender’s intent?

Answer 1

The Crown

Question 2

How do you prove an offender’s intent?

Answer 2

R v Collister

The offender’s actions and words before/during/after the event and the surrounding circumstances.

Question 3

What must you prove when recklessness is an element in an offence?

Answer 3

1. That the defendant consciously and deliberately ran a risk (subjective test)
2. That the risk was one that was unreasonable given the circumstances as they were known to the defendant (objective test – would a reasonable person have taken the risk)

Question 4

How can property be damaged?

Answer 4

It is not necessary that the property is actually set alight; melting, blistering or paint or significant smoke damage may be sufficient.

Only tangible property is capable of being damaged directly.

Intangible property may be damaged indirectly eg info on a computer destroyed by fire.

Question 5

What must the Crown prove to show that someone is guilty of an attempt?

Answer 5

Crown must prove that the defendant intended to commit the full act of arson and acted as he or she did for the purpose of achieving that aim

To be guilty of an attempt the defendant must have progressed past the stage of preparation and commenced a process intended to lead to the commission of the full offence.

Question 6

What must the court look at to determine if a persons actions are sufficiently proximate to constitute an offence?

Answer 6

The court will analyse the defendant’s conduct at the relevant time in conjunction with evidence of their intent