Arson

Question 1

Arson(Danger to life) section/elements?

Answer 1

S267(1)(a) CA1961

-Intentionally
-Damages by fire
-Any property
-If he or she knows or ought to know that danger to life is likely to ensue

Question 2

Arson(No interest)(Property) section/elements?

Answer 2

Section 267(1)(b) CA1961

-Intentionally
-Without claim of right
-Damages by Fire
-Any immovable property
-in which that person has no interest

Question 3

Arson(Cause loss/obtain benefit) section/elements?

Answer 3

Section 267(1)(c) CA1961

-Intentionally
-Damage by fire
-Any immovable property
-With intent
-To obtain any benefit or cause loss to any other person

Question 4

Case law Intent

Answer 4

R v Collister- intent inferred from offenders words,actions before, during and after the incident. Surrounding circumstances. Nature of act itself

Question 5

Case law Recklessly

Answer 5

Cameron v R- Offender knows actions would bring result and circumstances exist

R v Tipple- knowing risk, doing it anyway

Question 6

Claim of right defined

Answer 6

Belief at the time to possess the property

Question 7

Fire damage defined

Answer 7

Burning or charring, doesn’t have to be set alight

Question 8

Case law damage

Answer 8

R v Archer- Property if it suffers permanent or temporary harm or if permanent/temporary impairment to value.

Question 9

Explosive defined

Answer 9

Substance/mixture capable of exploding

Question 10

Immovable defined

Answer 10

Fixed in place

Question 11

Case law- interest

Answer 11

R v Wilson- Tenancy of property can mean interest.

Question 12

Case law Loss

Answer 12

R V Morley- loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired