Arson

Question 1

Name the ingredients to Arson s.267(1)(a), CA 61

Answer 1

Intentionally OR Recklessly

Damages by fire OR Damages by means of explosive

Any property

If he or she knows or ought to know that danger to life is likely to ensure

Question 2

What is the penalty for Arson s.267(1)(a), CA 61

Answer 2

14yrs imprisonment

Question 3

Name the ingredients to Arson s.267(1)(b), CA 61

Answer 3

Intentionally OR Recklessly

And without claim of right

Damages by fire OR damages by means of explosive

Any immovable property or any vehicle, ship or aircraft in which that person has no interest

Question 4

What is the penalty for Arson s.267(1)(b), CA 61

Answer 4

14 yrs imprisonment

Question 5

Name the ingredients to Arson s.267(1)(c), CA 61

Answer 5

Intentionally

Damages by fire OR damages by means of explosive

Any immovable property, vehicle, ship or aircraft

With intent to obtain any benefit OR cause loss to any other person

Question 6

What is the penalty for Arson s. 267(1)(c), CA 61

Answer 6

14yrs imprisonment

Question 7

Name the ingredients to Arson s. 267(2)(a), CA 61

Answer 7

Intentionally OR Recklessly

Without claim of right

Damages by fire OR Damages by means of explosive

Any property (other than property listed in s.267(1)) in which that person has no interest

Question 8

What is the penalty for Arson s. 267(2)(a), CA 61

Answer 8

7yrs imprisonment

Question 9

Name the ingredients for Arson 267(2)(b), CA 61

Answer 9

Intentionally OR Recklessly

Damages by fire OR Damages by means of explosive

Any property (other than property list in s.267(1))

With intent to obtain any benefit OR Cause loss to any person

Question 10

What is the penalty for Arson s. 267(2)(b), CA 61?

Answer 10

7 yrs imprisonment

Question 11

Define Damages by fire?

Answer 11

it is not necessary that the property is actually set alight;

Melting, blistering of paint or significant smoke damage is sufficient

Question 12

Define “Life”

Answer 12

Means human life, and the danger must be to the life of someone other than the defendant.

Question 13

Define “immovable property”

Answer 13

Property that is fixed in place even though it may be possible to move it

Question 14

Define “Interest”

Answer 14

Not defined by legislation but courts have held that tenancy of property constitutes an interest in it

Question 15

What is the case law for “damage” in relation to arson?

Answer 15

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

Question 16

What is another term for person? (Companies/organisations)

Answer 16

The term person that incorporates not only real people but also companies and organisations

Question 17

Proving intent

Answer 17

• the offenders actions and words before, during and after the event
• the surrounding circumstances
• the nature of the act itself

Question 18

Define “Fire”

Answer 18

The process of combustion

A chemical relation between fuel and oxygen triggered by heat