Arson

Question 1

Arson - Danger to life s267(1)(a) CA61

IDAD

Answer 1

Intentionally or Recklessly.

Damages by fire or damages by means of any explosive.

Any property.

If he or she knows or ought to know that danger to life is likely to ensue.

Question 2

Arson - Property s267(1)(b) ca61

IWADI

Answer 2

Intentionally or Recklessly.

Without claim of right.

Damages by fire or damages by means of any explosive.

Any immovable object or vehicle or ship or aircraft.
.
In which that person has no interest.

Question 3

Arson - Benefit s267(1)(c) ca61

IDAWB

Answer 3

Intentionally

Damages by fire or damages by means of any explosive

Any immovable property or vehicle or ship or aircraft

With intent

To obtain any benefit or cause loss to any other person

Question 4

What’s R v Archer?

Answer 4

Property may be damaged if it suffers permanent or temporary damage. Permanent or. Temporary impairment of its use or value.

Question 5

What’s R v Tipple

Recklessness

Answer 5

Recklessness requires that the offender know of or have a concious appreciation of the relevant risk. May be said that it requires “a deliberate decision to run the risk”

Question 6

Knows or ought to know.

The two questions!

Answer 6

Subjective test:

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

Objective test:

what would a reasonable person have thought in the same circumstances?