Short Answer Questions Flashcards
Q: Can a tenant of be convicted of damage to tenanted property by fire under Sec.267?
A:
1. Yes. If damage by fire is Intentional
Tenant may be convicted if has Caused Loss to any other person (1)(c)
- Yes. If damage by fire is Intentional or Reckless
Tenant may be convicted if knew Danger To Life Likely To Ensue (1)(a) - No. Tenant cannot be convicted of Recklessly damaging tenanted property (1)(b)
Q: Can a tenant be convicted of recklessly damaging tenanted property by fire under Sec.267(1)(b)?
A: No.
His/her tenancy of the property is an Interest in that property and therefore a defence.
Q: What is Immovable Property?
A: 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 moveable.
In general it relates to buildings and land and things growing on land, such as forests.
Q: Explain Knowing.
A: Knowing means “correctly believing.” The defendant may believe something wrongly but cannot “know” something that is false.
Simester and Brookbanks: Principles Of Criminal Law
Q: Explain Reckless.
A: Consciously and deliberately taking an unjustifiable risk.
A person is reckless if,
(a) knowing there is a risk an event may result from his conduct or that a circumstance may exist, he takes that risk; and
(b) it is unreasonable for him to take it having regard to the degree and nature of the risk which he knows to be present.
Q: Explain Intentionally.
A: 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.
Q: Legally you are allowed to set fire to or damage your own property. However, there are exceptions to this general rule. What are these exceptions?
A:
Intend to cause loss to someone else as a result of the fire.
Know or ought to know the fire will endanger life.
Know the fire is likely to destroy or damage someone else’s property as a consequence.
Q: Explain danger to life.
A: danger to human life of someone other than the defendant.
What was held by the C.O.A in R v Archer?
Any change in an object that impairs its value or usefulness may constitute damage; whether or not such a change amounts to damage is a matter of fact and degree to be determined on a case-by-case basis.
Q: What is the golden rule when it comes to fire scene safety?
A: If it looks dangerous it probably is, so do not enter!
Q: Do Police officers have a right to exercise powers under the Fire Service Act 1975 simply because they are at a fire?
A: No.
Police may exercise these powers if called upon to do so by the member of the Fire Service in charge of the fire.
Q: To be guilty of an attempt to commit an offence as defined in Sec. 72 C.A.61 a person must:
A: Intend to commit the offence and
Take a real and substantial step towards achieving that aim.
Q: Is recklessness sufficient for Attempted Arson?
A: No.
There must be evidence that the offender had intent to commit the full offence. Recklessness is sufficient for arson, but not sufficient for attempted arson.
Q: Is it necessary that the property is actually set alight?
A: No.
Fire damage will often involve burning or charring. Melting, blistering of paint or significant smoke damage may be sufficient.
Q: List examples of carelessness that might result in fire
A: Children playing with matches/lighters. Smoking. Setting off fireworks. Burning rubbish. Leaving a stove or heater on. Leaving fat unattended while cooking. Leaving clothes near heating. Using domestic or camp fires. Wrapping up live ashes in paper. Using or storing flammable materials. Ironing. Welding and other industrial processes. Misusing electricity. Vagrants lighting fires. Burning off paint.
