Arson Flashcards
Section
Sec 267 (1) (a) or (b) or (c)
Penalty
14 years imprisonment
Ingredients for Sec 267(1) (a)
- Intentionally OR Recklessly
- Damages by Fire
- Any Property
- If he or she knows or ought to know danger to life is likely to ensue
Intentionally
A person does something intentionally if they mean to do it. The desire a specific result and act with the aim or purpose of achieving it.
R v Mohan - A decision to bring about, in so far as it lies within the accused’s power, the commission of the offence.
R v Waaka - A fleeting or passing thought is not sufficient. There must be a firm intent or firm purpose to effect an act.
Recklessly
Acting recklessly involves consciously and deliberately taking an unjustified risk.
R v Harney - recklessness involves foresight of the dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.
Damages by Fire
Although fire damage will often involve burning or charring, it is not necessary 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 permanent or temporary physical harm or permanent or temporary impairment of its use or value.
Property - Sec 2 Crimes Act 1961
Property includes any real and personal property and any estate or interest in any real or personal property, money, electricity and any debt and any thing in action and any other right or interest.
Sec 2 Crimes Act 1961
Knowing or Ought to Know Danger to Life is Likely to Ensue
Simester and Brookbanks: Principles of Criminal Law.
Knowing means knowing or correctly believing. A person can believe something wrongly but can not know something that is false.
Danger to Life:
Life in this context means human life, and the danger must be to the life of someone other than the defendant.
(Have understanding of)
Subjective Test:
What was the defendant thinking at the time? Did the defendant know that human life was likely to be endangered by his actions?
Objective Test:
What would a reasonable person have thought if placed in the same circumstances? Would a reasonable person have recognised the risk?
Section 267 (1) (b)
Damages any immovable property or vehicle or aircraft or ship
- Intentionally OR Recklessly
- And without claim of right
- Damages by Fire
- Damages any immovable property OR vehicle
- In which that person has no interest
Intentionally and Recklessly
refer previous cards
Without Claim of Right
Claim of Right - Sec 2 Crimes Act 1961
In relation to any act means a belief at the time of the act, in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is allege to have been committed.
Damages By Fire
Although fire damage will often involve burning or charring, it is not necessary 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 permanent or temporary harm or permanent or temporary impairment of its use or value.
Any Immovable Property OR Vehicle
Immovable Property:
Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to move it.
e.g. building, land and things growing on land (forrest).
Property - Section 2 Crimes Act 1961
Includes any real and personal property and any estate or interest in an real or personal property, money, electricity, and any debt and any thing in action and any other right or interest.
Vehicle - Sec 2 Land Transport Act 1998
A contrivance equipped with wheels, tracks or runners on which it is moves or is moved.
