Progress Test 1

Question 1

List the elements of Arson in S.267(1)(a)?

Answer 1

Intentionally or Recklessly
Damages by fire or by means of any explosive
Any property
If he or she knows or ought to know that danger to life is likely to ensue

Question 2

Explain what recklessly means citing the relevant case law?

Answer 2

Cameron V R
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed, and
(b) having regard to that risk those actions were unreasonable

Question 3

Legally you are allowed to set fire to or damage your own property. However, there are exceptions to this general rule, what are they?

Answer 3

If you intend to cause loss to someone else as a result of the fire
Know or ought to know that the fire will endanger life
Know that the fire is likely to destroy or damage someone else’s property as a consequence.

Question 4

The fire service specialist fire investigator will liaise with the designated police fire investigation liaison officer or other member of police in relation to four specific matters, what are these matters?

Answer 4

Handover of the fire scene
Access to the fire scene
Process for examination and investigation
Identification and collection of evidence at the fire scene