Arson

Question 1

What are the elements to Arson S267(1)(a) ?

Answer 1

Intentionally
OR
Recklessly

Damages by fire
OR
Damages by means of any explosives

Any property

If he or she KNOWS or OUGHT to know that snags we to life is likely to ensure

Question 2

Definition of Recklessness ? Case Law held ?

Answer 2

Cameron v R
Established
A. The defendant recognised that there was a REAL possibility that
- his or her actions would bring about the proscribed result AND
- that the proscribed circumstances existed AND
B. Having regard to that risk those actions were unreasonable

R v Tipple
A deliberate decision to run that risk

Question 3

Case Law for Damages ?

Answer 3

R v Archer
Property may be damaged if it suffered permanently or temporary physical harm OR permanent or temporary impairment of its use or value

Question 4

What is the difference between fire and explosive ?

Answer 4

Fire result of the process of combustion, a chemical reactions between fuel and oxygen, trigger by heat

Explosive S2 AA1983
“If there’s a boom it’s an explosion”

Question 5

Definition of property ?

Answer 5

Real and 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

Question 6

Examples of immovable property ?

Answer 6

Buildings and land and things growing on land such as forests

Question 7

For an offence to be considered under Arson you are require a proof …

Answer 7

That a building or property has been damaged by fire or explosive

Question 8

Difference between Property & Immovable property ?

Answer 8

Property can be taken or moved easily where

immovable property are fixed in place, unable to move, even though maybe possible to make it moveable

Question 9

Define vehicle

Answer 9

Contrivance equipped with wheels, track or runners on which is helps to move or be moved

Question 10

Definition of Without claim of right ?

Answer 10

A belief at the time of the act

to proprietary or possessory

right to the property.

Question 11

Define ship ?

Answer 11

Any description of vessel used in navigation

Question 12

Definition of aircraft ?

Answer 12

Machine that derives support from the air

Question 13

Interest in property … the court have held ….

Answer 13

Tenancy of a property constitutes an interest in it.