Arson

Question 1

Ingredients of 267

Answer 1

267(1)(a)
Intentionally or recklessly damages by fire or damages by means of any explosive any property if she/he knows or ought to know that danger to life is likely to ensued

(1)(b)
Intentionally or recklessly without claim of right damages by fire or by means of any explosive any immovable property or vehicle or ship or aircraft in which that person has no interest

267(1)(c)
Intentionally or recklessly damages by fire or by means of any explosive any immovable property or vehicle or aircraft or ship with intent to obtain any benefit or to cause loss to any person

Question 2

Outline R v Archer

Answer 2

The property may be damaged if it suffers permanent or temporary physical harm or temporary or permanent impairment of its use or value

Question 3

Define claim of right

Answer 3

Pin relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to the offence which is alleged to have been committed although the belief may be based on ignorance or mistake of fact or any other matter of law other than enactment against which the offence is alleged to have been committed

Question 4

Define damage by fire

Answer 4

The fire damage will often involves burning charring but it is not necessary that the property is actually set alight. melting, blistering of paint or significant smoke damage may be sufficient

Question 5

R v Morley

Answer 5

Loss is….. Is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired

Question 6

Definition of vehicle

Answer 6

A contrivance equipment with wheels, tracks and revolving runners on which it moves or is moved