Arson

Question 1

Section 267(1)(a)
Crimes Act 1961

Answer 1

A person intentionally or recklessly damages by fire or by means of any explosive any property if they know or ought to know that danger to life is likely to ensue

Question 2

Section 267(1)(b)
Crimes Act 1961

Answer 2

A person intentionally or recklessly, and without claim of right, damages by fire or by means of any explosive any immovable property, or any vehicle, ship, or aircraft in which that person has no interest

Question 3

Section 267(1)(c)
Crimes Act 1961

Answer 3

A person intentionally damages by fire or by means of any explosive any immovable property, or vehicle, ship or aircraft, with intent to obtain any benefit, or to cause loss to any other person

Question 4

Intent Defintion

Answer 4

There must be an intention to:

• to commit the act
• to get a specific result

Question 5

Recklessness defintion

Answer 5

The conscious and deliberate taking of an unjustified risk.

Question 6

Cameron v R

Answer 6

Reckless Case Law

Actions would bring about the proscribed result. Circumstances existed and actions were unreasonable given the risk.

Question 7

R v Tipple

Answer 7

Recklessness Case Law

Deliberate decision to run the risk.

Question 8

Damages by fire defintion

Answer 8

Damaged by the fire but not always by flames. Heat and smoke damage is also relevant.

Question 9

Fire defintion

Answer 9

Fire is a chemical reaction between fuel and oxygen, triggered by heat.

Question 10

Explosive defintion

Answer 10

Substance or mixture capable of decomposition at a rapid rate resulting in an explosion.

Question 11

Any property defintion

Answer 11

Any real or personal property and estate or interest in any real or personal property

Question 12

Danger to life defintion

Answer 12

‘Life’s in this context means human life, and the danger must be to the life of another person.

Question 13

Knows or ought to know

Subjective Test

Answer 13

What was the defendant thinking at the time? Did the defendant know that human life was likely to be endangered by their actions?

Question 14

Knows or ought to know

Objective Test

Answer 14

What would a reasonable person have thought in the same circumstances? Would a reasonable person have recognized the risk?

Question 15

Likely to ensue defintion

Answer 15

A defendant merely has to know that there is a chance, or a risk, of danger to life.

Question 16

Claim of right defintion

Answer 16

Means a belief at the time of the act in a proprietary or possessory right.

Question 17

Vehicle defintion

Answer 17

Wheels/ tracks/ rollers/runners on which it can move.

Question 18

Ship defintion

Answer 18

Every description of vessel used in navigation.

Question 19

Aircraft defintion

Answer 19

Any machine that can derive support from the air.

Question 20

Interest in property

Answer 20

Tenancy of a property constitutes an interest in it.

Question 21

Cause loss

Answer 21

To cause financial detriment.

Question 22

R v Morley

Answer 22

Cause Loss Case Law

Loss is assessed by the extent to which the complainant’s position has been diminished or impaired.

Question 23

Person

Answer 23

Any other person Gender Neutral, proved by Judicial Notice or Circumstantial Evidence (G/N, J/N, C/E)

Question 24

Obtain Benefit

Answer 24

Receiving pecuniary advantage, property, service or valuable consideration.

Question 25

R v Archer

Answer 25

Damages by fire Case Law:

Property may be damaged permanently or temporarily.