Arson

Question 1

Arson (causes loss/obtain benefit)

Answer 1

CA
s267(1)(c)

1. Intentionally
2. Damages by fire OR damages by means of any explosive
3. Any immovable property OR vehicle OR ship OR aircraft
4. With Intent
5. To obtain any benefit OR cause loss to any other person

Question 2

Arson - (danger to life)

Answer 2

CA 61, s267(1)(a)

1. Intentionally OR Recklessly
2. Damages by Fire OR Damages by means of any Explosive
3. Any property
4. If he or she knows OR ought to know that danger to life is likely to ensue

Question 3

Arson (vehicle/imm prop/no interest)

Answer 3

CA
s267(1)(b)

1. Intentionally OR Recklessly
2. And without claim of right
3. Damages by fireOR Damages by means of any explosive
4. Any immovable property or any vehicle, ship or aircraft
5. in which that person has no interest

Question 4

Intent

Answer 4

Must be intention:
. To commit the act, and
. To get a specific result

Must be deliberate act.

Case Law- R v Collister 
Can be inferred from circumstantial evidence 
. Actions or words before,during, after
. Surrounding 
. Nature of the act itself

Question 5

Reckless

Answer 5

Cameron v R

R v Tipple - offender must know of or have q conscious appreciation of the relevant risk, and requires “a deliberate decision to run the risk”

Question 6

R v Archer

Answer 6

Property mat be damaged if it suffers permanent or temporary physical harm or permenant or temporary impairment of its use or value

Question 7

Fire

Answer 7

Combustion - chemical reaction between fuel and oxygen, triggered by heat

Question 8

Explosive

Answer 8

Arms Act 1983

Question 9

Immovable

Answer 9

Fixed in place and unable to be moved, even though it may be possible to make it moveable

Question 10

Knows or ought to know - defendants degree of knowledge

Answer 10

Subjective test - what was the defendant thinking at the time? Did they know his actions would likely endanger life?

Insufficient… then ask..

Objective- what would a reasonable person have thought in the same circumstances? Would a reasonable person have recognized the risk?

Question 11

Danger to life

Answer 11

Human life - danger must to be to someone other than the defendant

Question 12

Likely to ensure

Answer 12

Defendant merely has to know there is a chance, or risk, of danger to life - is a form of recklessness rather than ateuxt knowledge

Question 13

claim.of right

Answer 13

At the time of alleged offence, offender had a belief in possessory or proprietary right to property related to offence

Question 14

Vehicle

Answer 14

Contrivance equipped with wheels, runners or tracks on which it moves

Question 15

Ship

Answer 15

Vessel used in navigation, however propelled

Question 16

Aircraft

Answer 16

Machine that can derive support in the atmosphere from reactions of the air

Question 17

Interest in property

Answer 17

R v Wilson - tenancy of a property