Arson

Question 1

What are the elements of s267(1)(a) - damage to life?

Answer 1

• Intentionally or recklessly
• Damages by fire or by means of any explosive
• Any property
• If he/she knows, or ought to know, that danger to life is likely to ensure

Question 2

outline intent

Answer 2

must be an intent to commit an act to get a specific result.

Question 3

outline recklessness and the case law

Answer 3

• 2 fold test: defendant consciously and deliberately ran a risk (subjective test), and the risk was unreasonable to take in the circumstances (objective test).
(R v Harney)

Question 4

outline what is encompassed by damages by fire

Answer 4

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 5

outline the case law regarding property damage

Answer 5

property damage can be permanent or temporary, or if it impacts its use or value.
R v Archer

Question 6

what is the definition of explosive?

Answer 6

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

Question 7

outline what is meant by knowing

Answer 7

knowing or correctly believing. Involves a subjective (what was the defendant thinking at the time) and an objective test (what would a reasonable person have thought in the same circumstances).

Question 8

what is the definition of danger to life?

Answer 8

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

Question 9

what are the elements of s267(1)(b) - damage to property/vehicle

Answer 9

• Intentionally or recklessly
• Without claim of right
• Damages by fire (or by means of any explosive)
• Any immovable property, vehicle, ship or aircraft
• In which that person has no interest

Question 10

define claim of right

Answer 10

no proprietary or possessory claim

Question 11

define immovable property

Answer 11

in general, it relates to buildings and land and things growing on land e.g. forests.

Question 12

define vehicle

Answer 12

contrivance equipped with wheels on which it is moved

Question 13

what are the elements of s267(1)(c) - obtain benefit/cause loss

Answer 13

• Intentionally
• Damages by fire or by means of any explosive
• Any immovable property, vehicle, ship or aircraft
• With intent to obtain any benefit or to cause loss to any other person

Question 14

define benefit

Answer 14

any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

Question 15

outline loss and relevant case law

Answer 15

Involves financial detriment to the victim (only direct loss is included).
(R v Morley)