Arson

Question 1

Act and section

Answer 1

S267(1)(a) CA 1961

Question 2

Penalty

Answer 2

14 years

Question 3

Ingredients

Answer 3

Intentionally or
Recklessly
Damages by fire or damages by means of explosive
Any property
If he or she knows or ought to know that danger to life was likely to ensue

Question 4

Intentionally

Answer 4

They mean to do it. They desire a specific result and act with the aim or purpose of achieving it

R v Waaka
A fleeting or passing thought is insufficient. There must be a firm intent at the time to commit the offence

R v Mohan
A decision to bring about in so far as it lies within the accused power the commission of the offence.

Question 5

Recklessly

Answer 5

A conscious and deliberate taking of unjustified risk.

R v Harney
Foresight of the dangerous consequence along with the intention to continue the act regardless of the risk.

Question 6

Damages

Answer 6

Will normally be burning or charring. It is not news scary that the property is actually set alight. Melting, blistering of paint or significant smoke damage may be sufficient.

R v Archer
Property may be damaged if it suffers permeant or temporary physical harm or permeant or temporary impairment of its use or value

Question 7

Explosive

Answer 7

S2 Arms act 1983
Any substance or mixture or combination of substances capable of either decomposition at such a rapid rate as to cause an explosion or of producing a pyrotechnic effect.
Includes, gunpowder, gel ignite or detonators
Does not include fire arms or fire works

Question 8

Property

Answer 8

S2 CA 1961
Means any real or personal property or any estate or interest in any real or personal property, money electricity or any debt

Question 9

Knowledge

Answer 9

Knowing or correctly believing

Simester and Brookbanks
The defendant may believe something wrongly, but cannot know something that is false

Question 10

Life

Answer 10

In the term means human life. Of any person except the defendants life