Arson

Question 1

For a person to be liable for attempted Arson under S268 CA61 they must?

Answer 1

Intend to damage by fire property specified in Section 267 of the crimes act and perform an act sufficiently proximate to that offence

Question 2

Define ‘vehicle’

Answer 2

Vehicle - S2 LTA98

Means a contrivance equiped with wheels, tracks or revolving runners on which it moves or is moved.

Question 3

List the full ingerdients of Arson S267(1)(a) CA61

Answer 3

• Intentionally or recklessly
• Damages by fire (or by means of any explosive)
• Any property
• Knows or ought to know that danger to life is likely to ensue

Question 4

List the full ingredients of arson S267(1)(b)

Answer 4

• Intentionally or recklessly
• Without claim or 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 5

Define ‘claim of right’

Answer 5

Claim or right
S2 CA61
In relation to any act, means a belief at the time of that 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 matter of law other that the enactment against which the offence is alleged to have been committed.

Question 6

Define ‘reckless’ and support with case law.

Answer 6

Reckless:
Acting reckless involves, consciously and deliberately taking an unjustifiable risk.

R v Harney
(Recklessness involves) foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct, regardless of the risk.

Question 7

Define ‘damages by fire’ and support with any relevant case law

Answer 7

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 or paint or significant smoke damage may be sufficient.

R v Archer
Property may be damaged if is suffers permanent or temporary physical harm or permanent or temporary impairment or its use or value.

Question 8

What is the key point in relation to immovable property?

Answer 8

Property will be considered immovable if it is currently fixed in a place, unable to be moved even though it may be possible to make it moveable i.e house

Question 9

Is it any offence to damage your own property by fire or explosive - explain your answer.

Answer 9

Only if your intent is to obtain a benefit or cause loss to any other person or if you know or ought to know that danger to life will ensue.

Question 10

Aaron hates his neighbour and decides to burn his house down just because he can. There is no one in the house when he burns it down. What section would you charge him under? Why?

Answer 10

Arson 267(1)(b) CA61
Because the house Aaron is trying to burn down is immovable property.

Question 11

List the full ingredients of Arson S267(1)(c)

Answer 11

• 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 with intent to cause loss to any other person

Question 12

R v Morley (in relation to Arson)

Answer 12

R v Morley

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

Question 13

Define the element ‘knows or ought to know that danger to life is likely to ensue’ in relation to Arson

Answer 13

Knowledge:
Knowing means ‘knowing’ or ‘correctly believing.

Simester and Brookbanks: Principals of criminal Law:
The Defendant may believe something that is wrong but they cannot know something that is false.

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