Arson Flashcards
What section is Arson (Danger to life)?
Section 267(1)(a) Crimes Act 1961
What are the elements for Arson (Danger to life)?
Section 247(1)(a)
- 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
R V ARCHER
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
Explain what is meant by the element in Arson danger to life Section 267(1)(a):
‘Danger to life’
‘Life’ in this context means human life, and the danger must be to the life of someone other than the defendant.
What are the elements of Section 267(1)(b) Crimes Act 1961?
(Arson - vehicle / immovable property - no interest)
- Intentionally
- or*
- Recklessly
- Without claim of right
- Damges by fire or damages by means of explosive
- Any immoveable property or vehicle or ship or aircraft
- in which that person has no interest
Explain:
Immoveable property
Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it moveable.
R V WILSON
Tenancy of a property constitues an interest in it.
What is the section for Arson (Cause loss or obtain benefit)?
Section 267(1)(c) Crimes Act 1961
What are the elements for Section 267(1)(c) Crimes Act 1961?
- Intentionally
- Damages by fire
- or*
- Damages by means of an explosive
- Any immovable property or vehicle or ship or aircraft
- With intent to obtain any benefit or cause loss to any other person
Explain the difference between section:
267(1)(a)
267(1)(b)
267(1)(c)
ARSON
Section 267(1)(a)
Arson danger to life, which can be intentional or reckless, to property which the defenant know or ought to know the danger to life.
Section 267(1)(b)
Arson to immovable property, intentional or reckless, vehicle, ship, aircraft, which the defendant has no interest in.
267(1)(c)
Arson to immovable property, vehicle, ship, aircraft, which the defendant has interest (intent) to cause loss or obtain any benefit.
What case law would you use when explaining ‘loss?’
Extent to which the victims position prior has been diminished or imparied.
When explaining the defendants intent,
What case law would you use?
R V COLLISTER
-The defendants words, actions before during and after the offence, the circumstances of the case and the act itself.
When discussing recklessness or the element,
‘recklessly’, what case law would you refer to?
R V CAMERON
Reckless requires the defendant to recognise the real possibility that his actions would bring about the prescribed result and took the risk, which was unreasonable.
How would you define benefit?
Pecuniary advantage, benefit, privilage, property, service or valuable consideration.
