Arson Flashcards
Arson (Danger to life) - Act and Section
Crimes Ace 1961 267(1)(a)
Arson (Danger to life) - Elements
Intentionally
or Recklessly
Damages by fire
or
Damages by any means of 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.
Arson (vehicle/immovable property -No interest) - Act and Section
Crimes Act 1961 267 (1) (b)
Arson (vehicle/immovable property -No interest) - Elements
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.
Danger to life
Life in this context means human life, and the danger must be to the life of someone other than the defendant.
Immovable 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 movable.
Vehicle
A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.
R v Wilson
Tenancy of a property constitutes an interest in it
Arson - (obtain benefit or cause loss)- Act and Section
Crimes Act 1961 267 (1) (c)
Arson - (obtain benefit or cause loss)- Elements
Intentionally
Damages by fire or damages by means of any explosive.
Any immovable property or vehicle or ship or aricraft.
With intent to obtain any benefit or cause loss to any other person.
Benefit section 267 (4)
In this section and in section 269, benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.