2. Other Offences

Question 1

What are the elements of attempted arson (s268)?

Answer 1

• Everyone
• Attempts to commit arson
• In respect of any immovable property, vehicle, ship, or aircraft

Question 2

what does s72(3) say about what constitutes an attempt?

Answer 2

An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.

Question 3

what does s72(2) say about the question of law?

Answer 3

2. The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.

Question 4

What is the case law about sufficiently proximate?

Answer 4

The Court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops…the defendant’s conduct [may] be considered in in its entirety. Considering how much remains to be done…is always relevant, though not determinative.
(R v Harpur)

Question 5

What are the elements of s269(1) - Intentional Damage (Danger to Life)?

Answer 5

• Intentionally or recklessly
- destroys or damages property
• if He/she knows, or ought to know, that danger to life is likely to result

Question 6

What are the elements of s269(2)(a)?

Answer 6

• Intentionally or recklessly
- without claim of right
- destroys or damages any property
• in which that person has no interest

Question 7

What are the elements of s269(3)?

Answer 7

• Intentionally
- destroys or damages any property
• With reckless disregard for the safety of any other property

Question 8

What are the elements of s272 - Providing explosives to commit an offence?

Answer 8

• Everyone
• Knowingly has in his/her possession, or makes any explosive substance, dangerous engine, instrument, or thing
• With intent to use, or enable another person to use, the substance, dangerous engine, instrument or thing, to commit an offence

Question 9

what is the crucial element of s272?

Answer 9

the crucial element is knowledge. Prosecution must prove the defendant knew what the substance was.

Question 10

outline possession of explosive or device

Answer 10

this section requires the defendant either makes the explosive, engine, etc, or have it in their possession. They must intend for it to be used by another person to commit an offence but, it is suggested, there is no need to be aware either of the identify of that person who will ultimately use the explosive or device, or of the precise nature of the offence to be committed.

Question 11

What is required to be guilty of an attempt to commit arson?

Answer 11

• intended to commit the full offence

- taken a real and susbtantial step towards achieving that aim

Question 12

What are the elements of 269(2)(b)?

Answer 12

• intentionally or recklessly
• without claim of right
• destroys or damages any property
• with intent to obtain any benefit or with intent to cause loss to any other person