Arson Flashcards
Elements
Arson (Danger to life)
267(1)(a), CA61
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
Intentionally
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
Recklessly
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.
Damages by fire
R v Archer:
Temporary or permanent harm or impairment of its use or value.
Explosive
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.
Any property
Any real or personal property or estate or any interest in that real or personal property or estate.
If he knows or ought to know that danger to life is likely to ensue.
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.
Life
Human life.
Arson - No interest
Section 267(1)(b), Crimes Act 1961
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
Without claim of right
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.
Immovable property
Anything that is currently fixed in position and cannot be moved even though it may be possible to make moveable.
Vehicle
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
Ship
Any vessel however propelled.
Aircraft
Any machine that can derive support in the atmosphere from reactions of the air.
Interest
R v Wilson
Tenancy of a property is an interest in that property.
Arson - obtain a benefit/cause loss to any person.
Section 267(1)(c), Crimes Act 1961
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
Obtain a benefit
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.
Loss
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.
Arson - No interest
Section 267(2)(a), Crimes Act 1961
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
Property
Any real or personal property or estate or any interest in that real or personal property or estate.
Arson - obtain benefit/cause loss
Section 267(2)(b), Crimes Act 1961
Intentionally or recklessly
Damages by fire or by means of any explosive
Any property
With intent obtain benefit or cause loss to a person
Arson - reckless disregard for property
Section 267(3)
Intentionally
Damages by fire or by means of any explosive
Any property
With reckless disregard for the safety of any other property
Attempted arson
Section 268, Crimes Act 1961
Attempts
Arson
In respect of any immovable property, vehicle, ship or aircraft
Attempts
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.
Intentional damage - danger to life
Section 269(1), Crimes Act 1961
Intentionally or recklessly
Destroys or damages
Any property
If he knows or ought to know that damage to life is likely to ensue
Intentional damage - no interest
Section 269(2)(a), Crimes Act 1961
Intentionally or recklessly
Without claim of right
Destroys or damages
Any property
In which they have no interest in
Intentional damage - obtain benefit/cause loss
Section 267(2)(b), Crimes Act 1961
Intentionally or recklessly
Without claim of right
Destroys or damages
Any property
With intent to obtain a benefit or cause loss to any person
Intentional damage -reckless disregard
Section 269(3), Crimes Act 1961
Intentionally
Destroys or damages
Any property
With reckless disregard for the safety of any other property
Providing explosive to commit an offence
Section 272, Crimes Act 1961
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
