Arson Flashcards
What three things must you prove for a charge of arson?
- Damage was caused to property.
- By means of fire or explosives
- With intent or recklessness
What are the four aggravating factors of arson?
- Knew/ought to have known likelihood of danger to life.
- No interest in the property.
- No claim of right in the property.
- Intent to cause loss or obtain benefit.
What offence does s267(1)(a) Crimes Act 1961 relate to.
What are the elements of the offence.
What is the maximum term of imprisonment.
Arson - Danger to life.
- 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.
14 years imprisonment.
Define “fire”
Burning or charring, does not necessarily need to be set alight.
Can be blistering of paint from close proximity, or smoke damage.
Define “explosive”
A mixture or substance capable of rapid decomposition resulting in an explosion.
Define the two separate sub-catergories of “property” in regards to arson.
1) Includes immovable property (something that is fixed and generally cant be moved) - i.e. mobile homes immobilized by foundations. Also includes things grown on the land). Vehicles, ships, aircrafts.
2) A broad category of property in general (miscellaneous items).
Explain the element segment “knows or ought to know”
Two phase test -
Subjective test: what did the offender know when committing the act? What were they thinking?
If unable to answer these questions, move onto the next test:
Objective test: what would a reasonable person do in the same circumstances?
Explain the element “danger to life”.
Cite relevant case law.
Must be a human, and must be someone else’s life (not the fire setter).
R v Smith
Briefly explain what “likely to ensue” means for mental culpability.
Cite relevant case law.
Potentially may allow for convictions of defendants with lower mental capacity.
Objective test places them against what a “reasonable person” would do in the same circumstances.
R v Can.
What offence does s267(1)(b) Crimes Act 1961 relate to.
What are the elements of the offence.
What is the maximum term of imprisonment.
Arson - Immovable Property/Vehicle (no interest)
- 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.
14 years imprisonment.
Explain “claim of right”.
Cite relevant case law.
A belief at the time of the act in a proprietary or possessory right in the property.
Hayes v R - belief may be held in ignorance or by mistake.
Explain “Immovable property”
Property that is fixed in place and can’t be moved (Although it may be able to be made movable by intensive investment or labour).
Also includes things growing on the land (I.e. forest).
Define “vehicle”
A contrivance equipped with wheels, tracks or runners that can be moved.
Define “ship”
A vessel used in navigation
Define “aircraft”
Any machine that derives support in the atmosphere from reactions of the air.
