Arson Flashcards
Arson danger to life
(Act & Section)
Section 267(1)(a), Crimes Act 1961
Arson 267(1)(a)
(elements)
Section 267(1)(a)
- intentionally or recklessly
- damages by fire or damages my means of any explosive
- any property
- if he/she knows or ought to know that danger to life is likely to ensue
Arson no interest
(Act & Section)
Section 267(1)(b), Crimes Act 1961
Arson 267(1)(b)
(elements)
- 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 that person has no interest
Arson obtain benifit/cause loss
(Act & Section)
Section 267(1)(c), Crimes Act 1961
Arson 267(1)(c)
(elements)
- 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 benifit or to cause loss to any other person.
Arson other property
(Act & Section)
Section 267(2)(a), Crimes Act 1961
Arson Section 267(2)(a)
(elements)
- intentionally or recklessly
- without claim or right
- damages by fire or damages by means of any explosive
- any property (other than in s(1))
- in which that person has no interest
Arson other property for benifit/cause loss
(Act & Section)
Section 267(2)(b), Crimes Act 1961
Arson Section 267(2)(b)
(elements)
- intentionally or recklessly
- damages by fire or damages by means of any explosive
- any property (other than in s(1))
- with intent to obtain any benefit or cause loss to any other person
Arson reckless
(Act & Section)
Section 267(3), Crimes Act 1961
Arson Section 267(3)
(elements)
- intentionally
- damages by fire or damages by means of any explosive
- any property
- with reckless disregard for the safety of any other property.
Intent (define)
- a deliberate act
- intent to get a specific result
Deliberate act:
“Intent” means that act or omission must be done deliberately. The act or omission must be more than involuntary or accidental
Intent to produce a result:
The second type of intent is an intent to produce a specific result. In this context result means “aim, object, or purpose”
Intent (case law)
R v Collister
Intent (R v Collister held)
Circumstantial evidence from which an offender’s intent may be inferred can include:
- the offender’s actions and words before, during, and after the event
- the surrounding circumstamces
- the nature of the act itself
Recklessness (case law)
Cameron v R
Recklessness
(Cameron v R held)
Recklessness is established if:
(a) the defendant recognized that there was a real possibility that:
(i) his or her 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.
Recklessness subjective
(case law)
R v Tipple
Recklessness (R v Tipple held)
The concept is subjective in that it requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires “a deliberate decision to run the risk”.
Damage Case law
R v Archer
Damage (R v Archer held)
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impartment of its use or value.
Damage by fire (Define)
Will often involve burning or charring, it is not necessary that it is set alight; melting, blistering of paint or significant smoke damage may be sufficient.