Arson Flashcards
Crimes Act 1961, Section 267(1)(a)
Penalty
14 years
Danger to life
Crimes Act 1961 Section 267(1)(a)
- 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 is likely to ensue
Crimes Act 1961, Section 267(1)(b)
Penalty
14 Years
Without claim of right , property
Crimes Act 1961 Section 267(1)(b)
- Intentionally or Recklessly
- Without claim of right
- Damages by fire or by means of explosive
- An immovable property, vehicle, ship or aircraft
- In which the person has no interest
Crimes Act 1961, Section 267(1)(c)
Penalty
14 Years
Benefit or loss
Crimes Act 1961 Section 267(1)(c)
- Intentionally
- Damages by fire or by means of explosive
- Any immovable property, vehicle, ship or aircraft
- With intent to obtain benefit or cause loss to any person
Intent
To commit the act
to get a specific result
R v Collister
Defendants intent could be inferred from the circumstances
R v Harney
Reckless
Reckless means the conscious and deliberate taking of an unjustified risk.
Proof the consequence complained of could well of happened, together with an intention to continue the course of conduct regardless of risk
R v Tipple
Subjective meaning
Recklessness requires that the offender know of or have some conscious appreciation of the relevant risk. Requires a deliberate decision to run the risk.
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
R v Morley
Loss
Arise from direct loss.
is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.
The Appreciation Process
Aim (Commanders Intent)
Factors
Courses open
Plan
