Arson Flashcards
Arson (1)(a) Section Act Penalty Ingredients
Section: 267(1)(a)
Act: Crimes Act 1961
Penalty: 14 years
Ingredients
- Intentionally OR recklessly
- Damages by fire OR Damages by means of explosives
- Any Property
- If he or she knows or ought to know that danger to life is likely to ensue
Arson (1)(b) Section Act Penalty Ingredients
Section: 267(1)(b)
Act: Crimes Act 1961
Penalty: 14 years
Ingredients
- Intentionally OR recklessly
- and without claim of right
- Damages by fire OR Damages by means of explosives
- Any immovable property OR any vehicle OR ship OR Aircraft in which that person has no interest
Arson (1)(c) Section Act Penalty Ingredients
Section: 267(1)(c)
Act: Crimes Act 1961
Penalty: 14 years
Ingredients
- Intentionally
- Damages by fire OR Damages by means of explosives
- Any immovable property OR any vehicle OR ship OR Aircraft
- with intent to obtain any benefit OR cause loss to any other person
Arson (2)(a) Section Act Penalty Ingredients
Section: 267(2)(a)
Act: Crimes Act 1961
Penalty: 7 years
Ingredients
- Intentionally OR recklessly
- and without claim of right
- Damages by fire OR Damages by means of explosives
- Any property (other than property listed on section 267(1) in which that person has no interest
Arson (2)(b) Section Act Penalty Ingredients
Section: 267(2)(b)
Act: Crimes Act 1961
Penalty: 7 years
Ingredients
- Intentionally
- Damages by fire OR Damages by means of explosives
- Any property (other than property listed on section 267(1) in which that person has no interest
- with intent to obtain any benefit OR cause loss to any other person
reckless
Acting “recklessly” involve consciously and deliberately taking an unjustifiable risk
Explosive
Any substance or mixture or combination of substances which in it’s normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect, Includes: gun powder, gelignite, detonators Does not include: Firearms, fireworks
Section 2, Arms Act 1983
knowledge
Knowing means knowing or correctly believing
Simester and Brookbanks
The defendant may believe something wrongly, but cannot know something that is false
Damages by fire
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
Life
“life” in this context means human life, and the danger must be to the life of someone other than the defendant.
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. In general, it relates to buildings and land and things growing on land, such as forrests
Person (if applicable, obtain any benefit or cause loss)
Gender Neutral. Proven by judicial notice or circumstantial evidence
** (add only if relates)
Legislation provides a wide definition of the term person that incorporates not only real people, but also companies and other organisations.
Section 2, Crimes Act 1961
