Arson Flashcards
1
Q
What are the elements of Arson (danger to life)?
A
- Intentionally OR recklessly
- Damages by fire OR damages by means of any explosive
- Any property
- If he or she ought to know that danger to life is likely to ensue
2
Q
What does R v Archer say about property damage?
A
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value
3
Q
What are the elements of arson (vehicle/immovable property - no interest)?
A
- Intentionally OR recklessly
- Without claim of right
- Damages by fire OR damages by means of any explosive
- Any immovable property OR vehicle OR ship OR aircraft
- In which that person has no interest
4
Q
Does a tenant ‘have interest’ in a property?
A
Yes - R v Wilson
5
Q
What are the elements of arson (cause loss or obtain benefit)?
A
- 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
6
Q
How is ‘benefit’ defined in regards to arson?
A
Benefit means any benefit, pecuniary advantage, privilege, property, service or valuable consideration
