Arson 1c Flashcards
Arson 1c
Section act penalty
Arson (Obtain Benefit/ Cause Loss)
Section 267(1)(c),
Crimes Act 1961
14 Years Imprisonment
Arson 1c
Ingredients
- 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
With intent to obtain any benefit
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.
Cause Loss to any other person
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)
Two intents for Section 267(1)(c)
- With intent to obtain any benefit
- With intent to cause loss to any other person