What is Arson Liabilty 267(1)(a)
- 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
Arson liabilty 267(1)(b)
- intentionally or recklessly
- without claim of right
- damages by fire or by means of any explosive
- any immovable property, or any vehicle, ship, or aircraft
- which that person has no interest
Arson liability 267(1)(c)
- intentionally
- damages by fire or by means of any explosive
- any immovable property, or any vehicle, ship or aircraft
- with intent to obtain any benefit or to cause loss to any other person
Two ways to prove intent
Deliberate act - act or omission must be more than involuntary or accidental
Intent to produce a result - aim or purpose
Who’s responsibility is proving intent
Onus is on prosecution to prove an offenders intent beyond reasonable doubt
What are 3 circumstantial evidence for intent
- Surrounding circumstances
- Offenders actions and words before, during and after the event
- Nature of the act
What is case law Harney
Recklessness means the conscious and deliberate taking of an unjustified risk. With an intention to continue the course of conduct regardless of risk
Define damages and relevant case law
Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight. Melting, blistering of paint or significant smoke damage may be sufficient.
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value
Define knows or ought to know
Simester and brookbanks suggests knowing means knowing or correctly believing. The defendnat may believe something wrong but cannot know something that is false
Subjective test - did the defendant know that human life was likely to be endangered by his actions
Objective test - what would a reasonable person have thought in the same circumstances? Would a reasonable person have recognized the risk?
What is immovable property
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 movable
Define vehicle
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved
What is case law Morley
Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired
Define claim of right
A belief at time of the act in proprietary or possessory right in property
Define intent to obtain any benefit
Intent to commit the act and intent to get a specific result
Obtain meaning to obtain or retain for themself or any other person
Benefit or pecuniary advantage
