ARSON

Question 1

What are the three different Arson Charges

Answer 1

Arson Danger to Life

Arson - Vehicle / Immovable Property & No Interest

Arson - Obtain Benefit / Cause Loss

Question 2

What Section for Arson Danger to Life?

Answer 2

Section 267(1)(a) Crimes Act 1961

Question 3

What Section is Arson Vehicle / Immovable Property & No Interest?

Answer 3

Section 267(1)(b) Crimes Act 1961

Question 4

What Section is Arson Obtain Benefit /Cause Loss?

Answer 4

Section 267(1)(c) Crimes Act 1961

Question 5

What are the ELEMENTs for Arson -Danger to Life Section 267(1)(a) Crimes Act 1961?

Answer 5

Intentionally or Recklessly
Damages by fire/ means of any explosive
Any property
If he or she knows ( or ought to know) that danger to life is like to ensue.

Question 6

Explain Intent in relation to Arson

Answer 6

Intent invovles two parts:
(i) An intent to commit the act

And

(ii) An intent to get a specific result

Case law,

R v Collister - Intent can be inferred from circumstances.

Circumstantial evidence from which an offender’s intent can be inferred from can include:

-Offender’s actions and words before, during and after the event.

• The surrounding circumstances.
• The nature of the act iteslf.

Question 7

Explain Recklessness.

Answer 7

The conscious and deliberate taking of an unjustified risk.

Case Law

CAMERON v R

Recklessness is established if:

(a) The defendant recognised that there was a real possibility that:

(i) the actions would bring about the proscribed result and / or

(ii) that the proscribed circumstances existed and

(b) Having regard to that risk those actions were unreasonable.

NOTE: Part A test Subjective: A recognition the risk is possible - does not need to consider it a significant risk.

Part B test Subjective /Objective: Were the offender’s actions objectively reasonable given the risk as understood by them?

Case Law
R v TIPPLE - A deliberate decision to run the risk.

Question 8

Explain the element: Damages by fire.

Answer 8

Damages must be casually related to fire (or explosive).
Although fire damage will often involve burning and charring, it is not necessary that the property if set alight.

Case Law
R v ARCHER
Property may be damaged if it sufferes permanenet or temporary physical harm or permanent or temporary impairment of its use or value.

FIRE
Fire is the result of combustion, a chemical reaction between fuel and oxygen, triggered by heat.

Question 9

Explain Explosive

Answer 9

Explosive means capable of sudden expansion owing to a release of internal engergy: and includes the capability to generate deflagaration, or pyrotechnic effects, and explosion has the corresonpding meaning.

Note: Molotov cocktails is an incindiary device, not explosive.

Question 10

Explain Property

Answer 10

Property includes any real personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and anything in action, and any other right or interest.

Question 11

Explain Immovable Property

Answer 11

In general it relates to building and land, and things growing on land.

Property is considered immovable if it is currently fixed in a place, unable to be moved, even though it may be possible to make it movable.

Question 12

Explain Knows or ought to know

Answer 12

Subjective/ Objective test
Subjective - Offender’s intent, or knowledge at the time. Did they know human life likely to be endangered?
If this is unable to be proved, the Objective test still applies.

Objective: Would a reasonable person have recognised the risk of above?

Question 13

What is Danger to Life likely to Ensue?

Answer 13

“Life’ means life, and the danger must be to the life of someone other than the Defendant.

Case Law
R v SMITH
Common sense requires the danger to life should be interupted asa danger to the life of some person other than the setter of fire.

Likely to ensue - defendant merely has to know there is a chance or risk of danger to life.

Question 14

What Section is Arson - Vehicle /Immovable Property & No Interest?

Answer 14

Section 267(1)(b) Crimes Act 1961

Question 15

What are the ELEMENTS for Arson - Vehicle / Immovable Property & No Interest?

Answer 15

• Intentionally or recklessly
• Without claim of right
• Damages by fire / means of any explosive
• Any Immovable Property / Vehicle /Ship / Aircraft
• In which that person has no interest

Question 16

What is Claim of Right?

Answer 16

A belief at the time of the act you either owned or had a right to possess the property in question although that belief may be based on ignorance or mistake of fact or law.

• Must relate to property
  -Must relate to property in question (but could relate to a belief in other persons right)
  -Must be held at time of offence
  -The belief must be reasonably held

Question 17

Explain Vehicle, Ship , Aircraft

Answer 17

Vehicle: A car, truck, bus etc

Ship: A vessel used in navigation, however propelled , includes barge,dinghy, raft.

Aircraft: A plane

Question 18

Explain Interest in Property

Answer 18

The Courts have held that a tenancy of a property constitutes an interest in it.

Case Law
R v WILSON
Tenancy defined by Court of Appeal as an interest in that property.

Question 19

What are the ELEMENTS for :
Arson - Obtain Benefit / Cause Loss
Section 267(1)(c) Crimes Act 1961

Answer 19

-Intentionallly
-Damages by fire /means of any explosive
- Any Immovable Property,Vehicle, Ship, Aircraft
- With intent to
-Obtain any benefit or cause loss to any other person

Question 20

Explain the element of Obtain

Answer 20

Obtain, in relation to any person, means obtain or retain for himself or any other person.

Question 21

Explain Benefit

Answer 21

In this section benefit means any benefit, pecuniary advantage, privilage, property, service or valuable consideration.

Includes damage to the defendant’s own property if it was done to obtain a benefit (i.e insurance fraud).

Question 22

Explain Cause Loss

Answer 22

Financial detriment to the victim. It is not necessary that the victim’s loss results in any benefit to the offender.

Case Law
R v MORELY
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminshed or impaired.

Question 23

Explain To any Person

Answer 23

Legistlation provides a wide definition of the term “person’ that incorporates not only real people but also companies and organisations.

Example: Person who sets fire to police car could be charged as his intnent is to cause loss to the police organisation.