Arson

Question 1

What is R V Archer?

Answer 1

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

Question 2

What is R V Morley?

Answer 2

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

Question 3

What is the act and section of Arson - danger to life? What are the elements?

Answer 3

267(1)(a) Crimes act 1961
14 years

Intentionally or recklessly

Damages by fire or by means of explosive

Any property

If he or she knows or ought to know that danger to life was likely to ensue.

Question 4

What is the act and section for Arson - no interest? What are the elements?

Answer 4

267(1)(b) Crimes act 1961
14 years

Intentionally or recklessly

And without claim of right

Damages by fire or by means of explosive

Any immovable property, or any vehicle, ship or aircraft

In which that person has no interest.

Question 5

What is the act and section of Arson - obtain benefit or cause loss? What are the elements?

Answer 5

267(1)(c) Crimes act 1961
14 years

Intentionally.

Damages by fire or by means of explosive

Any immovable property, or any vehicle, ship or aircraft

With intent to obtain any benefit or cause loss to any other person.

Question 6

What is the definition of property it’s regards to arson?

Answer 6

Real property that is damaged by fire.

Question 7

What are the tests relating to ‘if he or she knows or ought to know that danger to life is likely to ensue’?

Answer 7

A subjective test - did the defendant know that human life was likely to be endangered by his actions?

An objective test - what would a reasonable person have thought in the same circumstances? Would they have foreseen the risk to human life?

Question 8

What is the definition of benefit with regards to arson?

Answer 8

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

Question 9

What are the other two case laws (already learnt) that relate to arson.

Answer 9

R V Harney - recklessness

R v Harpur - conduct viewed cumulatively.

Question 10

What is the definition of damages?

Answer 10

Although fire damage will 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 11

Define immovable property

Answer 11

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 moveable.

Question 12

Define intent to obtain any benefit

Answer 12

Intent - intent to do a deliberate act with intent to produce a specific result

Obtain - to obtain or retain for himself or any other person

Benefit - any pecuniary advantage, valuable consideration, privilege, service or property.

Question 13

Define intent to cause loss to any other person

Answer 13

Intent - intent to do a deliberate act with intent to produce a specific result

Cause loss - 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

Define knows or ought to know that danger to life was likely to ensue

Answer 14

Knowledge - knowing it correctly believing. The belief must be a correct one - Simester and Brookbanks.

Life - human life. Someone other than the defendant.

Question 15

Define vehicle

Answer 15

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