Arson Flashcards
Arson - Cause loss/benefit
CA1961, S267(1)(c)
Intentionally
Damages by fire
OR
Damages 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
Arson - Property/vehicle
CA1961, S267(1)(b)
Intentionally or recklessly
Without claim of right
Damages by fire
OR
Damages by means of any explosive
Any immovable property, or any vehicle, ship or aircraft
In which that person had no interest
Arson - Danger to life
CA1961, S267(1)(a)
Intentionally or recklessly
Damages by fire
OR
Damages by means of any explosive
Any property
Knows or ought to know that danger to life is likely to ensue
Define vehicle
Means a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved
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
Property is real
Define knows or ought to know that danger to life is likely to ensue
Knowing means knowing or correctly believing. The belief must be a correct one, where the belief is wrong a person cannot know something
Life means human life and the danger must be to the life of someone other than the defendant
Define damages by fire
R v Archer
Burning, charring, melting, blistering of paint and smoke damage is sufficient
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
Define claim of right
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 of any matter of law other than the enactment against which the offence is alleged to have been committed
Define recklessly
R v Harney
The conscious and deliberate taking of an unjustifiable risk
Define intent to obtain any benefit
Intent
Intention to commit the act and intention to get a specific result
Obtain
Obtain or retain for any person
Benefit
Pecuniary advantage, privilege, property, service or valuable consideration
Define intent to cause loss to any other person
R v Morley
Intent
Intent to commit the act and intent to get a specific result
R v Morley
Loss is assessed by the extent the complaints position prior to the offence has been diminished or impaired
Person
Real person
Define attempted arson
CA1961, S268
Intend to commit the offence
And
Take a real and substantial step towards achieving that aim
Risk to life subjective/objective test
Subjective - what they were thinking at the time
Objective - what any normal person would be thinking at the time
