Arson

Question 1

Arson - danger to life

Answer 1

S267(1)(a) 14 years

• intentionally/recklessly
• damages by fire/means of explosive
• any property
• if he or she knows it ought to know that danger to life is likely to ensue

Question 2

Arson - no interest

Answer 2

S267(1)(b) 14 years

• intentionally/recklessly
• without claim of right
• damages by fire/means of explosive
• any immovable property, vehicle, ship or aircraft
• in which that person has no interest

Question 3

Arson - benefit/loss

Answer 3

S267(1)(c) 14 years

• intentionally
• damages by fire/means of explosive
• any immovable property, vehicle, ship or aircraft
• with intent to obtain any benefit or to cause loss to any other person

Question 4

Arson - other property damage no interest

Answer 4

S267(2)(a) 7 years

• intentionally/recklessly
• without claim of right
• damages by fire/means of explosive
• any property in which that person has no interest (other than property referred to in subsection 1)
• in which that person has no interest

Question 5

Arson - other property damage benefit/loss

Answer 5

S267(2)(b) 7 years

• intentionally/recklessly
• damages by fire/by means of explosive
• any property in which that person has no interest (other than property referred to in subsection 1)
• with intent to obtain any benefit or with intent to cause loss to any other person

Question 6

Arson - any property RDSO

Answer 6

S267(3) 5 years

• intentionally
• damages by fire/by means of explosive
• any property
• with reckless disregard for the safety of any other property

Question 7

Attempted Arson

Answer 7

S268 10 years

• attempts
• to commit arson
• in respect of any immovable property, vehicle, ship or aircraft

Question 8

Intentional damage - danger to life

Answer 8

S269(1) 10 years

• intentionally/recklessly
• destroys/damages any property
• if he or she knows or ought to know that danger to life is likely to result

Question 9

Intentional damage - no interest

Answer 9

S269(2)(a) 7 years

• intentionally/recklessly
• without claim of right
• destroys/damages any property
• in which that person has no interest

Question 10

Intentional damage - benefit/loss

Answer 10

S269(2)(b) 7 years

• intentionally/recklessly
• without claim of right
• destroys/damages any property
• with intent to obtain any benefit or cause any loss to any other person

Question 11

Intentional damage - any property RDS other property

Answer 11

S269(3) 7 years

• intentionally
• destroys/damages any property
• with reckless disregard for the safety of any other property

Question 12

Providing explosives to commit an offence

Answer 12

S272 2 years

• knowingly has in their possession OR makes an explosive substance or any dangerous engine, instrument or thing
• with intent to use OR enable another person to use the substance, dangerous engine, instrument or thing
• to commit an offence

*offender does not need to know the identity of the person intending to use the thing or the precise nature of the offence to be committed

Question 13

Benefit

Answer 13

Defined in this section as any benefit, pecuniary advantage, privilege, property, service or valuable consideration

Question 14

Proving recklessness

Answer 14

1. The def consciously and deliberately ran a risk
2. It was unreasonable to take in the circumstances

Question 15

Define fire damage

Answer 15

Involves charring or burning, not necessarily set alight, melting, blistering of pint or significant smoke damage may be sufficient

Question 16

R v Archer

Answer 16

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value

The court held that any change in an object that impairs its value or usefulness may constitute damage, whether or not the change constitutes damage is determined case by case

Question 17

Fire

Answer 17

A chemical reaction between fuel and oxygen triggered by heat