Arson Flashcards
Danger To Life
S267(1)(a) CA 1961
Intentionally OR recklessly
Damages by fire Or damages by any means of explosive.
Any property
If he or she knows or ought to know that danger to life is likely to ensue.
Vehicle/Immovable Property
S267(1)(b) CA 1961
Intentionally OR recklessly
Without Claim of Right
Damages by fire OR Damages by any means of explosive.
Any immovable property OR vehicle OR ship or Aircraft
In which that person has no interest.
Cause Loss/Obtain Benefit
S267(1)(C) CA 1961
Intentionally
Damages by fire OR damages by any means of explosive
Any immovable property OR vehicle OR ship OR aircraft
With intent
To obtain any benefit or cause loss to any other person.
Cameron v R
Recklessness s established if:
a. The defendant recognized there was a real possibility that
(i) his or her actions would bring about the proscribed result
(ii) the proscribed circumstances existed and
b. having regard to that the actions were unreasonable.
R v Tipple
Recognized the risk, however, took the deliberate decision to run it anyway.
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or impairment of use/value.
Fire
Combustion of fuel and oxygen.
Property
as defined in 2(1) CA 1961 property includes real and personal property, and any real estate, money, electricity, any debt and anything in action and any other right or interest.
R v Smith
Danger to life of some person other than the setter of the fire.
Claim of Right
In relation to any act, means a belief at the time of the act in a proprietary or possessory right in relation to which the offence is alleged to have been committed.
Vehicle
Contrivance with wheels.
R v Morely
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.
