Arson 1c Flashcards

1
Q

Arson 1c

Section act penalty

A

Arson (Obtain Benefit/ Cause Loss)
Section 267(1)(c),
Crimes Act 1961
14 Years Imprisonment

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2
Q

Arson 1c

Ingredients

A
  • Intentionally
  • Damages by Fire
    OR
    Damages by Means of Explosives
  • Any Immovable Property OR Vehicle OR Ship OR Aircraft
  • With intent to obtain any benefit OR Cause Loss to any other Person
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3
Q

With intent to obtain any benefit

A

INTENT:
In a criminal law context there are two specifics types of intent in an offence. Firstly, there must be an intention to commit the act and secondly, an intention to get a specific result.

OBTAIN - Sec 217, Crimes Act 1961
Means to obtain or retain for himself or herself or any other person.

BENEFIT - Sec 267(4), Crimes Act 1961
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration.

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4
Q

Cause Loss to any other person

A

LOSS - R v Morley
Loss is assessed by
the extent to which the

complainants position
prior to the offence

has been diminished or impaired.

PERSON
Gender neutral - proven by judicial notice or circumstantially.

Legislation provides a wide definition
of the term ‘person’

that incorporates not only real people
but also companies and other organisations

  • Sec 2, Crimes Act 1961
    (Only include if relevant to the scenario)
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5
Q

Two intents for Section 267(1)(c)

A
  • With intent to obtain any benefit

- With intent to cause loss to any other person

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