Arson

Question 1

Crimes Act Section 267(1)(a)

Answer 1

Arson - Danger to Life

Question 2

Elements: CA1961 Section 267(1)(a)
(Arson - Danger to life)

Answer 2

• Intentionally or recklessly
• Damages by fire or damages by means of explosive
• Any property
• If he or she knows or ought to know that danger to life is likely to ensue.

Question 3

Definition: Intent

Answer 3

Intent to commit the act and intent to get the specific result.

Question 4

Case Law: Intent

Answer 4

R v Collister

Question 5

Definition: Recklessly

Answer 5

Acting recklessly involves the conscious and deliberate taking of an unjustified risk

Question 6

Case Law: Recklessly

Answer 6

1. Cameron v R
2. R v Tipple

Question 7

Definition: Damages by fire

Answer 7

Burning or charring, does not need to be set alight; melting, blistering of paint or significant smoke damage may be sufficient.

Question 8

Case Law: Damage by fire
(and explosive)

Answer 8

R v Archer(4)

Question 9

Definition: Explosive

Answer 9

A mixture of substance capable of decomposition at a rapid rate that results in explosion.

S2 Arms Act

Question 10

Definition: Property

Answer 10

Section 2(1), Crimes Act 1961 - Real and personal property, and any estate or interest in any real or personal property.

RTS: The clicker is real and personal property.

Question 11

Defintion: Knows

Answer 11

Knowing means “correctly believing”

The Defendant may believe something wrongly, but cannot “know” something that is false.

Simester and Brookbanks.

Question 12

Definition: Danger to life

Answer 12

Must be someone else’s life and must be human.

Question 13

Definition: Immovable property

Answer 13

It is currently fixed in place and unable to be moved, even though it may be possible to make it moveable. E.G Building.

Question 14

Definition: Likely to ensue

Answer 14

A Defendant merely has to know that there is a chance, or a risk of danger to life.
(Lesser threshold for the mental element than ‘knows’)

Question 15

Crimes Act 1961, Section 267(1)(b)

Answer 15

Arson - Vehicle/immovable property - no interest)

Question 16

Elements: CA1961 Section 267(1)(b)
(Arson - Vehicle/Immovable property - No interest)

Answer 16

• 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.

Question 17

Definition: Vehicle

Answer 17

Equipped with wheels, tracks, or revolving runners on which it moves or is moved.

Includes hovercraft, skateboard, in-line skates and roller skates.

Question 18

Definition: Ship

Answer 18

Vessel used in navigation, however propelled.

Question 19

Definition: Aircraft

Answer 19

Derives support from the air.

Question 20

Definition: Person

Answer 20

Gender neutral, proved by JN or circumstantial evidence.

Also includes a corporation and the crown.

Question 21

Case Law: Interest

Answer 21

R v Wilson

(He rented property and clan lab ignited and burnt house down, was charged with 267(1)(b).

Court of appeal ruled that he could not be convicted of arson as his tenancy of the property was an interest in that property).

Question 22

Case Law: Danger to life

Answer 22

R v Smith(5)

Question 23

Crimes Act 1961, Section 267(1)(c)

Answer 23

Arson - Cause loss/Obtain benefit

Question 24

Elements: CA1961 - S267(1)(c)
Arson - Cause loss/Obtain benefit

Answer 24

• Intentionally
• Damages by fire or damage by means of explosive
• Any immovable property or vehicle or ship or aircraft
• With intent
• To obtain any benefit or cause loss to any other person.

Question 25

Definition: Claim of right

Answer 25

A belief at the time of the act in a proprietary or possessory right in property in relation to offence.

A genuine mistake as to a set of facts can be excuse.

A genuine mistaken view relating to a set of facts may provide a valid defense.

Question 26

Definition: Benefit

Answer 26

Receiving property, service, valuable consideration or pecuniary advantage.

Question 27

Definition: Loss

Answer 27

Financial detriment to the Victim.

Question 28

Case Law: Loss

Answer 28

R v Morley

Question 29

Definition: Fire

Answer 29

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.
All 3 elements must be present in correct proportions.

Question 30

Subjective Test vs Objective Test

Answer 30

Subjective: What was the Defendant thinking at the time? did the Defendant know that human life was likely to be endangered by his actions.

Objective: what would a reasonable person have thought in the same circumstances? would a reasonable person have recognised the risk.

Question 31

Definition: Obtain

Answer 31

Obtain or retain for himself or herself or for any other person.

Question 32

What should you do in relation to guarding and controlling the scene?

Answer 32

• Ensuring the scene is not interfered with
• Exclusion and control of on-lookers, property owners and other interested parties
• Preserving evidence
• Preventing looting
• Br aware of re-ignition from hotspots after fire is extinguished
• Be vigilant and watch for possible suspects
• Identify any witnesses among onlookers and passers-by
• Report all matter of significane to the O/C investigation and or scene co-ordinator.