Arson

Question 1

Elements

Arson (Danger to life)
267(1)(a), CA61

Answer 1

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

Question 2

Intentionally

Answer 2

Intent:
To commit a deliberate act
To get a specific result

R v Collister

The offenders intent can be inferred from:

Actions/words before during and after
Surrounding circumstances
The nature of the act

Question 3

Recklessly

Answer 3

Conscious and deliberate taking of an unjustified risk

Cameron v R
Recklessness is established if:

The Defendant recognised that there was a real possibility that:

Their actions will bring about the proscribed result, and/or

The proscribed circumstances exist, and

Having regard to that risk, his actions were unreasonable.

Question 4

Damages by fire

Answer 4

R v Archer:
Temporary or permanent harm or impairment of its use or value.

Question 5

Explosive

Answer 5

A substance, mixture or combination of substances that in its normal state is capable of either decomposition at such a rapid rate as to result in a pyrotechnic technic effect or explosion.

Question 6

Any property

Answer 6

Any real or personal property or estate or any interest in that real or personal property or estate.

Question 7

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

Answer 7

Knows:
To correctly believe

Subjective: (knows)
What were they thinking? Did they know danger to life was likely to ensue

Objective: (ought to know)
What would any reasonable person think? Would they have know danger to life was likely to ensue.

Question 8

Life

Answer 8

Human life.

Question 9

Arson - No interest
Section 267(1)(b), Crimes Act 1961

Answer 9

Intentionally or recklessly
Without claim of right
Damages by fire or by means of any explosive
Any immovable property, vehicle, ship or aircraft
In which they have no interest in

Question 10

Without claim of right

Answer 10

A belief at the time of the act or alleged offence, in a propriety or possessory right in that property, in respect of the act or alleged offence.

Question 11

Immovable property

Answer 11

Anything that is currently fixed in position and cannot be moved even though it may be possible to make moveable.

Question 12

Vehicle

Answer 12

A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.

Question 13

Ship

Answer 13

Any vessel however propelled.

Question 14

Aircraft

Answer 14

Any machine that can derive support in the atmosphere from reactions of the air.

Question 15

Interest

Answer 15

R v Wilson
Tenancy of a property is an interest in that property.

Question 16

Arson - obtain a benefit/cause loss to any person.
Section 267(1)(c), Crimes Act 1961

Answer 16

Intentionally
Damages by fire or by means of any explosive
Any immovable property, vehicle, ship or aircraft
With intent to obtain a benefit or cause loss to any person

Question 17

Obtain a benefit

Answer 17

Obtain:
Means to obtain or retain for himself or for any other person.

Benefit:
Means any benefit, pecuniary advantage, privilege, property, service or valuable consideration.

Question 18

Loss

Answer 18

Loss is not defined but in most cases will include financial detriment to the victim.

R v Morley:
Loss is assessed by the extent in which the victims position has been diminished or impaired.

Question 19

Arson - No interest
Section 267(2)(a), Crimes Act 1961

Answer 19

Intentionally or recklessly
Without claim of right
Damages by fire or by means of any explosive
Any property
In which they have no interest in

Question 20

Property

Answer 20

Any real or personal property or estate or any interest in that real or personal property or estate.

Question 21

Arson - obtain benefit/cause loss
Section 267(2)(b), Crimes Act 1961

Answer 21

Intentionally or recklessly
Damages by fire or by means of any explosive
Any property
With intent obtain benefit or cause loss to a person

Question 22

Arson - reckless disregard for property
Section 267(3)

Answer 22

Intentionally
Damages by fire or by means of any explosive
Any property
With reckless disregard for the safety of any other property

Question 23

Attempted arson
Section 268, Crimes Act 1961

Answer 23

Attempts
Arson
In respect of any immovable property, vehicle, ship or aircraft

Question 24

Attempts

Answer 24

With intent to commit the offence, does or omits an act for the purpose of accomplishing their object, is guilty of attempts of the intended offence, whether or not the circumstances made it possible.

R v Harpur:
Conduct viewed cumulatively up to the point when the conduct in question stops.

Defendants conduct may be considered in its entirety. How much remains to be done is relevant though not determinative.

Question 25

Intentional damage - danger to life
Section 269(1), Crimes Act 1961

Answer 25

Intentionally or recklessly
Destroys or damages
Any property
If he knows or ought to know that damage to life is likely to ensue

Question 26

Intentional damage - no interest
Section 269(2)(a), Crimes Act 1961

Answer 26

Intentionally or recklessly
Without claim of right
Destroys or damages
Any property
In which they have no interest in

Question 27

Intentional damage - obtain benefit/cause loss
Section 267(2)(b), Crimes Act 1961

Answer 27

Intentionally or recklessly
Without claim of right
Destroys or damages
Any property
With intent to obtain a benefit or cause loss to any person

Question 28

Intentional damage -reckless disregard
Section 269(3), Crimes Act 1961

Answer 28

Intentionally
Destroys or damages
Any property
With reckless disregard for the safety of any other property

Question 29

Providing explosive to commit an offence
Section 272, Crimes Act 1961

Answer 29

Knowingly has in his possession or makes
Any explosive, dangerous engine, instrument or thing
With intent to use the substance, dangerous engine, instrument or thing to commit an offence