Arson

Question 1

Section and Act

Answer 1

Sec 267 (1) (a) or (b) or (c)

Question 2

Penalty

Answer 2

14 Years Imprisonment

Question 3

Ingredients for Sec 267(1) (a)

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Answer 3

• Intentionally OR Recklessly
• Damages by Fire
• Any Property
• If he or she knows or ought to know danger to life is
  likely to ensue

Question 4

Define “Intentionally” under the act

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Answer 4

A person does something intentionally if they mean to do it. They desire a specific result and act with the aim or purpose of achieving it.

R v Mohan - A decision to bring about, in so far as it lies within the accused’s power, the commission of the offence.

R v Waaka - A fleeting or passing thought is not sufficient. There must be a firm intent or firm purpose to effect an act.

Question 5

Definition of “Recklessly” under the act

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Answer 5

Acting recklessly involves consciously and deliberately taking an unjustified risk.

R v Harney - recklessness involves foresight of the dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.

Question 6

Damages by Fire

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Answer 6

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.

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 7

Property - Sec 2 Crimes Act 1961

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Answer 7

Property includes any real and personal property and any estate or interest in any real or personal property, money, electricity and any debt and any thing in action and any other right or interest.

Sec 2 Crimes Act 1961

Question 8

Knowing or Ought to Know Danger to Life is Likely to Ensue

Answer 8

Simester and Brookbanks: Principles of Criminal Law.

Knowing means knowing or correctly believing. A person can believe something wrongly but can not know something that is false.

Danger to Life:
Life in this context means human life, and the danger must be to the life of someone other than the defendant.

(Have understanding of)
Subjective Test:
What was the defendant thinking at the time? Did the defendant know that human life was likely to be endangered by his actions?

Objective Test:
What would a reasonable person have thought if placed in the same circumstances? Would a reasonable person have recognised the risk?

Question 9

Section 267 (1) (b)

Damages any immovable property or vehicle or aircraft or ship

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Answer 9

• Intentionally OR Recklessly
• And without claim of right
• Damages by Fire
• Damages any immovable property OR vehicle
• In which that person has no interest

Question 10

Without Claim of Right

Answer 10

Claim of Right - Sec 2 Crimes Act 1961

In relation to any act means a belief at the time of the act, in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is allege to have been committed.

Question 11

Damages By Fire

Answer 11

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

Question 12

Case law:

R v Archer

Answer 12

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

Question 13

Any Immovable Property OR Vehicle

Answer 13

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 move it.
e.g. building, land and things growing on land (forrest).

Property - Section 2 Crimes Act 1961
Includes any real and personal property and any estate or interest in an real or personal property, money, electricity, and any debt and any thing in action and any other right or interest.

Question 14

Vehicle - Sec 2 Land Transport Act 1998

Answer 14

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

Question 15

In which that person has no interest

Answer 15

Interest - No claim or interest in.

Person - gender neutral proven by judicial notice or circumstantial evidence.

Question 16

Section 267 (1) (c)

Ingredients

Answer 16

• Intentionally
• Damages by Fire OR Damages by means of Explosive
• Any immovable property OR vehicle OR aircraft OR ship
• With intent to obtain benefit OR cause loss to any person

Question 17

With Intent to Obtain Benefit

OR

Cause Loss to Any Person

Answer 17

Intent - refer previous

Obtain - Sec 217 Crimes Act 1961
In relation to any person means to obtain or retain for himself / herself or any other person

Benefit - Sec 267 (4) Crimes Act 1961
Mean any benefit pecuniary advantage, privilege, property, service or valuable consideration.

Cause Loss
Criminality can only arise from direct loss; indirect losses such as expectation loss (loss of a bargain) and loss of anticipated future profits are not included.

Any person - Gender neutral proven by judicial notice or circumstantial evidence.