Arson

Question 1

Arson Danger to life Act and Section

Answer 1

S267(1)(a) CA61

Question 2

Arson damage to property Act and Section

Answer 2

S267(1)(b) CA61

Question 3

Arson Obtain benefit/cause loss Act and Section

Answer 3

S267(1)(c) CA61

Question 4

Elements for Arson danger to life, Case Law

Answer 4

Intentionally or recklessly
damages by fire or by means of any explosive
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 5

Damages by fire

Answer 5

although fire damage will often involve burning or charing, it is not necessary that the property is actually set alight, melting blistering of paint or significant smoke damage may be sufficient., R V ARCHER Refers

Question 6

R V ARCHER

Answer 6

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

Question 7

Or by means of any explosive

Answer 7

Explosive means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion in an explosion or of producing a pyrotechnic effect.

Question 8

Arson danger to life S267(1)(a) CA61

Answer 8

1. Any property
2. if he or she knows or ought to know (knowing means to correctly believing. Did the defendant know that his or her actions endangered human life? if not what would a reasonable person have thought in the circumstances)
3. That the danger to life is likely to ensue (life is human life, and the danger must be to the life of someone other then the defendant.)

Question 9

Arson Damage to property S267(1)(b) CA61

Answer 9

1. Intentionally or recklessly
2. without claim of right
3. Damages by fire or by means of any explosive
4. Any immovable property or any vehicle ship or aircraft
5. In which that person has no interest.

Question 10

Arson obtain benefit/cause loss S267(1)(c) CA61

Answer 10

1. Intentionally
2. Damages by fire or by means of explosive
3. any immovable property, vehicle, ship or aircraft
4. with intent
5. To obtain any benefit, or to cause loss to any other person.

Question 11

Reckless

Answer 11

Means the conscious and deliberate taking of an unjustifiable risk. R V HARNEY

Question 12

Intent to cause loss to any other person

Answer 12

The two specific types of intent, Intent to cause a deliberate act and intent for specific result.
R V MORLEY Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.
Person: any real person but in this case extends to companies and other organisations. (S2 CA61 only if it relates to the scenario)

Question 13

R V MORLEY

Answer 13

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

Question 14

Intent to obtain any benifit

Answer 14

with Intent to do a deliberate act, with intent to cause a specific outcome,

Obtained; retain for himself, herself or any other person.

Benefit; any pecuniary advantage, property or valuable consideration

Question 15

Knows or Ought to Know danger to life is likely to ensue

Answer 15

Knowledge; knowing or correctly believing.

Life, life in this context means human life

danger must be to someone else other then the defendant.

Question 16

Claim of right

Answer 16

A belief that there was a possessary or proprietary right in the property.