Arson

Question 1

Arson - Vehicle/immovable property (no interest) section and elements.

Answer 1

Section 267(1)(b) CA 61
Intentionally OR recklessly
Without claim of right
Damages by fire OR Damages by means of any explosive.
Any immoveable property OR vehicle OR ship OR aircraft
In which that person has no interest.

Question 2

Arson - Cause loss/obtain benefit section and elements

Answer 2

Section 267(1)(c)
Intentionally
Damages by fire OR Damages by means of any explosive.
Any immoveable property OR vehicle OR ship OR aircraft
with intent to obtain benefit OR with intent to cause loss to any other person.

Question 3

Case law for recklessness

Answer 3

R v Tipple (One too many tipples makes you reckless) Consciously undertaking an unjustified risk.

Question 4

Case law for loss

Answer 4

R v Morely (Morely got more poorly) Loss is the diminishment of the complainants position

Question 5

Case law for property damage

Answer 5

R v Archer (Archers cause damage with there arrows) Property is damaged if it suffers physical harm or impairment to use or value.

Question 6

R v Harpur

Answer 6

The defendant’s conduct may be considered in its entirety in relation to the commission of the offence.