Define “damages by fire”
Burning or charring, need not be set alight, melting, blistering of paint or significant smoke damage may be sufficient
Define Explosive
Section 2 Arms Act 1983
- Any substance or mixture capable of decomposition at a rapid rate resulting in an explosion.
Define property
Section 2 Crimes Act 1961
- Property includes any real or personal property and any estate or interest in any real or personal property, money, electricity and any debt and anything in action and any other right or interest.
Define Knowing
Semester and Brookbanks
- knowledge is knowing or correctly believing, it must be more than mere suspicion
Define life
Human life other than the defendant
Define claim of right
Section 2 Crimes Act 1961
A belief in a proprietary right in property
Define immovable property
Currently fixed in place and unable to be moved without great efforts
Define vehicle
Section 2 LTA 1998
- Equipped with wheels, tracks or revolving runners on which it moves or is moved
Define Ship
Section 2 Crimes Act 1961
- Every description of a vessel used in navigation
Define aircraft
Section 2 Civil Aviation Act 1990
- Any machine that can deprive support from the air
Define point of origin
Where the fire started
Define seat of the fire
The area where the main body of the fire is located
Define area of origin
Where the fire started
What are the 4 beliefs for claim of right?
- Belief of a possessory or proprietary right in property
- Belief and rights to a property
- The belief must be held at the time of conduct
- Belief must be held by the Defendant
