Arson

Question 1

Section 267(1)(a)

Answer 1

Arson - danger to life

• Intentionally
• Damaged by fire or damaged by means of any explosive
• Any property
• If he or she knows or ought to know that danger to life is likely to ensue

Question 2

Section 267 (1)(b)

Answer 2

Arson (no interest)

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

Question 3

Section 267 (1)(c)

Answer 3

Arson - cause loss/obtain benefit

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

Question 4

Section 268

Answer 4

Attempted arson

Question 5

Cameron v R

Answer 5

Recklessness

The defendant recognised there would be a real possibility that his or her actions wound bring about the proscribed result and/or
The proscribed circumstances existed and

Having regard to that risk those actions were unreasonable

Question 6

R v Tipple

Answer 6

Recklessness

Requires the offender know of or have conscious appreciation of the relevant risk and it may be said that it requires “a deliberate decision to run the risk”

Question 7

R v Archer

Answer 7

Property may be damage if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or vaiue

Question 8

R v Morley

Answer 8

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

Question 9

Fire

Answer 9

Result of process of combustion, a chemical reaction between fuel and oxygen triggered by heat

Question 10

Vehicle

Answer 10

Contrivance equipped with wheels on which it moves

Question 11

Ship

Answer 11

Vessel used in navigation

Question 12

Aircraft

Answer 12

Aircraft for the time being used as an aircrafy