ARSON

Question 1

Criminal liability – arson danger to life
Section 267 (1) (a) 14 years

Answer 1

1.intentionally or recklessly
2.damages by fire or damages by means of explosive
3.any property
4.if he or she knows or
Or to know that danger to life is likely to ensue

Question 2

Criminal liability arson -property (no interest)
Section 267 (1) (B)
14 years

Answer 2

1.intentionally or recklessly
2.and without claim of right
3.damages by fire or
Damages by means of explosive
4.any immovable property or any vehicle, Ship aircraft in which that person has no interest

Question 3

Criminal liability arson (benefit)
Section 267 (1) (C)
14 years

Answer 3

1.intentionally
2.damages by fire or
Damages by means of explosive
3.any immovable property or
Vehicle or
Sharp or
Aircraft
4.with intent to obtain any benefit or
Cause loss to any other person

Question 4

Criminal liability arson – other no interest
Section 267 (2) (A)
7 years

Answer 4

1. Intentionally or recklessly
2. And without claim of right
   3.damages by fire or
   Damages by means of explosive
   4.any property other than property listed in section 267 (1) and which that person has no interest

Question 5

Criminal liability – arson (other – benefit – loss)
Section 267 (2) (B)
7 years

Answer 5

1.intentionally or recklessly
2.damages by fire or
Damages by means of explosive
3.any property (other than property listed in section 267 (1)
4.with intent to obtain any benefit or
Cause loss to any person

Question 6

Definition of intent

Answer 6

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 7

R v Mohan

Answer 7

Intent involves a decision to bring about, in so far as it lies with in the accused power, the commission of the offence

Question 8

R v Waaka

Answer 8

A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act.

Question 9

Define recklessness

Answer 9

Acting recklessly involves consciously and deliberately taking an unjustifiable risk

Question 10

Recklessness

R v Harney

Answer 10

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 11

Define damages by fire

Answer 11

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.

Question 12

Property damage

R v Archer

Answer 12

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

Question 13

Define explosive

Section 2 Arms act 1983

Answer 13

Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect
Includes gunpowder gelignite and detonators
Does not include firearms or fireworks

Question 14

Define property

Answer 14

Property 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 15

Discuss knows – ought to know

Answer 15

Knowing means knowing all correctly believing
The defendant may believe something wrongly but cannot know something that is false
Simester and Brookes

Question 16

Define claim of right

Section 2, crimes act 1961

Answer 16

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 maybe based on ignorance or mistake of fact of any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 17

Define immovable property

Answer 17

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 18

Define vehicle

Answer 18

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

Question 19

Define

What is a ship

Answer 19

Means every description of vessel used in navigation, however propelled, and includes any barge, lighter, dinghy, raft, or like vessel and also includes any ships belonging to or used as a ship of the Armed Forces of any country.

Question 20

Define

What is an aircraft?

Answer 20

Means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth.

Question 21

Define obtain

Answer 21

Means obtain or retain for himself or herself or any other person
Section 217 of the crimes act 1961

Question 22

Define benefit

Answer 22

Any benefit, pecuniary advantage, privilege, property, service or valuable consideration
Section 267 (4), crimes act 1961

Question 23

Define loss

Answer 23

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

Question 24

Define danger to life

Answer 24

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

Question 25

Define

Interest in property

Answer 25

Interest in property is not defined by legislation, however the courts have held that tenancy of a property constitutes an interest in it.

Question 26

Arson
Attempted arson
Section 268

Answer 26

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 27

Attempts

R v Harpur

Answer 27

And attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of a crime
The defendants conduct may be considered in its entirety. Considering how much remains to be done, it’s always relevant, though not determinative