Short answer questions Flashcards
What is claim of right?
a belief at the time of the act in a proprietary or possessory right in property, in relation to the offence which is alleged to have been committed.
Give the definition of an explosive
any substance or mixture or combination of substances which in it’s normal state is capable either of decomposition at such a rapid rate so as to result in an explosion or of producing a pyrotechnic effect.
- includes gun powder, gelignite and detonators
- Excludes firearms and fireworks
What constitutes damage by fire?
Heat damage, melting, oxidation and smoke damage may be sufficient and including burning and charring.
R v Archer - property may be damaged if it suffers permanent or temporary physical harm or temporary impairment of it’s value.
When must the fire service report a fire to police?
if there is a fatality or serious injury resulting from a fire or suspicious circumstances
When conducting a preliminary internal examination, where should you start/begin the examination?
From the least damaged into the most damaged/seat of the fire.
What must you do when a fire has been started by an explosive?
Clear the scene in case of a secondary device is present
Who must you liaise with at the fire scene?
Fire service Incident controller
A person can be held criminally liable for recklessness if?
They know or ought to know that danger to life is likely to ensue or property is likely to be damaged that is the property of another person
ingredients of section 267(1)(b)
Intentionally or recklessly
and without claim of right,
Damages by fire or by means of explosive
Any immovable property or Vehicle or Ship or Aircraft in which that person has no interest
Definition of Property (section 2, Crimes Act 1961)
property includes real and personal property, and any estate or interest in any real or personal property, [money, electricity,] and any debt, and any thing in action, and any other right or interest:
Explain R v Mohan
R v Mohan - Intent involves a decision to bring about in so far as it lies within the accussed’s power, the commission of an offence
Define R v Archer
R v Archer - property may be damaged if it suffers permanent or temporary physical harm or temporary impairment of it’s value.
Difference between a gas explosion and someone setting explosives
Explosions caused by by gas generally cover a wider area than those caused by explosives, and they do not leave a crater. Lighter than air gases such as hydrogen will create an outward blow at the top of a wall, whereas heavier than air gases blow out at the bottom of a wall. There are a number of other tell-tale signs, including the implosion of cabinets, which will be obvious to the expert.
someone is a tenant in a house and is cooking food and as a result the house burns down. Are they liable for an offence nd state the case law.
No liability S267(1)(b)
R v Wilson applies, tenancy means there is an interest in the property.
Use of Fire service powers by police
ENTER - private premises when it is on fire or endangered or when entry is essential to performing a necessary duty.
CLOSE ROADS
REMOVE IMPEDING VEHICLES - and break into them for that purpose
REMOVING PEOPLE - who are in danger or interfering, using reasonable force if necessary
ANYTHING ELSE - that is reasonably necessary to protect life and property.
