Arson

Question 1

Elements of Arson - Danger to Life

Answer 1

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

S267(1)(a) Crimes Act 1961

Question 2

Elements of Arson (no Interest)

Answer 2

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 the person has no interest

S267(1)(B) Crimes Act 1961

Question 3

Elements of Arson (Cause Loss / Obtain Benefit)

Answer 3

Intentionally
Damages by fire or damages by means of any explosive
Any immovable property OR Vehicle OR Ship OR Aircraft
With Intent
To obtain any benefit or cause loss to any other person.

S267(1)(c) Crimes Act 1961

Question 4

R v Archer

Answer 4

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

Question 5

R v Smith

Answer 5

Common sense requires that ‘danger to life’ should be interpreted as ‘danger to the life of some person other than the setter of the fire’.

Question 6

Knows or Ought to Know test?

Answer 6

Knows is subjective
Ought to Know is objective

Question 7

R v Morley

Answer 7

Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired

Question 8

What is property?

Answer 8

Property is real and personal property

Question 9

Describe someone having ‘no interest’ in something

Answer 9

He neither owns, nor leases nor has control if it

Question 10

R v Wilson

Answer 10

Tenancy constitutes an interest in a property