3. Intentional Damage & 4. Providing explosive to commit offence

Question 1

What is the difference between S.267 & S.269?

Answer 1

S.267 relates to damage caused by fire
S.269 relates to damage caused by fire and any other means.

Of note S.267 is the more serious offence and should be considered where damage is caused by fire.

Question 2

What is the liability, S.272 of Crimes Act 1961?

Answer 2

Providing explosives to commit an offence
S.272 C.A 61

Everyone is liable for term no exceeding 2 years who,

Knowingly has in his or her possession, or makes any explosive substance, or any 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 3

In relation to knowledge and S.272, what must be proven and who must it be proven by?

Answer 3

The following must be proven in relation to S.272:

• The offender knowingly had the substance in his possession
• The offender knew it to be an explosive substance

This must be proven by the prosecution

Question 4

In relation to possession of explosive or device to be used by another person to commit an offence (s.272), is there a need for the defendant to be aware of the identity of the person who will use the device or explosive, and must the defendant know the precise nature of the offence to be committed?

Answer 4

No there is no need for the defendant to know the ID of the person or the precise nature of the offence.