Arson

Question 1

Arson - Section 267 (1)(a) Crimes Act 1961

Answer 1

(1) Every one commits arson and is liable to imprisonment for a term not exceeding 14 years who—
(a) intentionally or recklessly damages by fire or by means of any explosive any property if he or she knows or ought to know that danger to life is likely to ensue

Question 2

Arson - Section 267(1)(b) Crimes Act 1961

Answer 2

(1) Every one commits arson and is liable to imprisonment for a term not exceeding 14 years who—
(b) intentionally or recklessly, and without claim of right, damages by fire or by means of any explosive any immovable property, or any vehicle, ship, or aircraft, in which that person has no interest

Question 3

Arson - Section 267(1)(c) Crimes Act 1961

Answer 3

(1) Every one commits arson and is liable to imprisonment for a term not exceeding 14 years who—
(c) intentionally damages by fire or by means of any explosive any immovable property, or any vehicle, ship or aircraft, with intent to obtain any benefit, or to cause loss to any other person

Question 4

Arson - Section 267(2)(a) Crimes Act 1961

Answer 4

(2) Every one commits arson and is liable to imprisonment for a term not exceeding 7 years who—
(a) intentionally or recklessly, and without claim of right, damages by fire or by means of any explosive any property in which that person has no interest (other than property referred to in subsection (1)

Question 5

Arson - Section 267(2)(b) Crimes Act 1961

Answer 5

(2) Every one commits arson and is liable to imprisonment for a term not exceeding 7 years who—
(b) intentionally or recklessly damages by fire or by means of any explosive any property (other than property referred to in subsection (1)) with intent to obtain any benefit, or with intent to cause loss to any other person.

Question 6

Arson - Section 267(3) Crimes Act 1961

Answer 6

(3) Every one is liable to imprisonment for a term not exceeding 5 years who intentionally damages by fire or by means of any explosive any property with reckless disregard for the safety of any other property.

Question 7

Attempted Arson - Section 268 Crimes Act 1961

Answer 7

Everyone is liable to imprisonment for a term not exceeding 10 years who attempts to commit arson in respect of any immovable property or any vehicle, ship, or aircraft

Question 8

Intentional damage - Section 269(1) Crimes Act 1961

Answer 8

(1) Every one is liable to imprisonment for a term not exceeding 10 years who intentionally or recklessly destroys or damages any property if he or she knows or ought to know that danger to life is likely to result.

Question 9

Intentional damage - Section 269(2)(a) Crimes Act 1961

Answer 9

(2) Every one is liable to imprisonment for a term not exceeding 7 years who—
(a) intentionally or recklessly, and without claim of right, destroys or damages any property in which that person has no interest

Question 10

Intentional damage - Section 269(2)(b) Crimes Act 1961

Answer 10

(2) Every one is liable to imprisonment for a term not exceeding 7 years who—
(b) intentionally or recklessly, and without claim of right, destroys or damages any property with intent to obtain any benefit, or with intent to cause loss to any other person.

Question 11

Intentional damage - Section 269(3) Crimes Act 1961

Answer 11

(3) Every one is liable to imprisonment for a term not exceeding 7 years who intentionally destroys or damages any property with reckless disregard for the safety of any other property

Question 12

Define intent

Answer 12

A person does something intentionally if they mean to do it , they desire a specific result and act with the aim or purpose of achieving it

Question 13

Define Recklessness

Answer 13

A conscious and deliberate taking of an unjustifiable risk.

Question 14

Define damages by fire

Answer 14

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. Although fire damage will often involve burning or charring, it is not necessary that the property is set alight.

Question 15

Define danger to life

Answer 15

Life in this context means human life, and the danger must be to the life of someone other than the defendant.

Question 16

Define knows/ought to know - Simester and Brookbanks

Answer 16

Knowing means “knowing or correctly believing. Defendant may believe something wrongly, but cannot know something false.

Question 17

Define Explosive - Section 2 Crimes Act 1961

Answer 17

Any substance or mixture or combination of substances which in its normal state is capable of either decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect, (gun powder, gelignite)

Question 18

Define Property - Section 2 Crimes Act 1961

Answer 18

Includes any real or personal property, and any estate or interest in any real or personal property, money, electricity, and any debt and anything in action and any other right or interest.

Question 19

Define Claim of right - Section 2 Crimes Act 1961

Answer 19

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 any other matter of law other than the enactment against which the offence is alleged to have been committed.

Question 20

Define immovable property

Answer 20

Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable.

Question 21

Define vehicle - Section 2 Crimes Act 1961

Answer 21

A contrivance equipped with wheels tracks or revolving runners on which it moves or is moved

Question 22

Define Obtain - Section 217 Crimes Act 1961

Answer 22

Means to obtain or retain for himself or herself or any other person

Question 23

Define benefit - Section 217 Crimes Act 1961

Answer 23

Any benefit, pecuniary advantage, privilege, property, service or valuable consideration

Question 24

What was held in R V HARNEY

Answer 24

Recklessness involved a foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.

Question 25

What was held in R v ARCHER

Answer 25

Property may be damaged if it suffers permanent or temporary physical harm of permanent or temporary impairment to its use or value.

Question 26

What was held in R v HARPUR

Answer 26

[The Court may]”have regard to the conduct viewed cumulatively up to the point when the conduct in question stops … the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative

Question 27

What was held in R v MORLEY - Cause loss

Answer 27

Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.