Arson Flashcards
Arson - Section 267 (1)(a) Crimes Act 1961
(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
Arson - Section 267(1)(b) Crimes Act 1961
(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
Arson - Section 267(1)(c) Crimes Act 1961
(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
Arson - Section 267(2)(a) Crimes Act 1961
(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)
Arson - Section 267(2)(b) Crimes Act 1961
(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.
Arson - Section 267(3) Crimes Act 1961
(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.
Attempted Arson - Section 268 Crimes Act 1961
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
Intentional damage - Section 269(1) Crimes Act 1961
(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.
Intentional damage - Section 269(2)(a) Crimes Act 1961
(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
Intentional damage - Section 269(2)(b) Crimes Act 1961
(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.
Intentional damage - Section 269(3) Crimes Act 1961
(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
Define intent
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
Define Recklessness
A conscious and deliberate taking of an unjustifiable risk.
Define damages by fire
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.
Define danger to life
Life in this context means human life, and the danger must be to the life of someone other than the defendant.
Define knows/ought to know - Simester and Brookbanks
Knowing means “knowing or correctly believing. Defendant may believe something wrongly, but cannot know something false.
Define Explosive - Section 2 Crimes Act 1961
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)
Define Property - Section 2 Crimes Act 1961
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.
Define Claim of right - Section 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 any other matter of law other than the enactment against which the offence is alleged to have been committed.
Define 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 make it movable.
Define vehicle - Section 2 Crimes Act 1961
A contrivance equipped with wheels tracks or revolving runners on which it moves or is moved
Define Obtain - Section 217 Crimes Act 1961
Means to obtain or retain for himself or herself or any other person
Define benefit - Section 217 Crimes Act 1961
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration
What was held in R V HARNEY
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.
