Arson baby

Question 1

What is S267(1) Crimes Act 1961?

Answer 1

Arson
(1) Every one commits arson and is liable to imprisonment for a term not exceeding 14 years who—

(a) intentionally or recklessly damages by fire or by means of any explosive any property if he or she knows or ought to know that danger to life is likely to ensue; or
(b) intentionally or recklessly, and without claim of right, damages by fire or by means of any explosive any immovable property, or any vehicle, ship, or aircraft, in which that person has no interest; or
(c) intentionally damages by fire or by means of any explosive any immovable property, or any vehicle, ship or aircraft, with intent to obtain any benefit, or to cause loss to any other person.

Question 2

What is S267(2) Crimes Act 1961?

Answer 2

Arson
(2) Every one commits arson and is liable to imprisonment for a term not exceeding 7 years who—

(a) intentionally or recklessly, and without claim of right, damages by fire or by means of any explosive any property in which that person has no interest (other than property referred to in subsection (1)); or
(b) intentionally or recklessly damages by fire or by means of any explosive any property (other than property referred to in subsection (1)) with intent to obtain any benefit, or with intent to cause loss to any other person.

Question 3

What is S267(3) and (4) Crimes Act 1961?

Answer 3

Arson
(3) Every one is liable to imprisonment for a term not exceeding 5 years who intentionally damages by fire or by means of any explosive any property with reckless disregard for the safety of any other property.

(4) In this section and in section 269, benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

Question 4

What is benefit? (6)

Answer 4

Under S267(4): benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

Question 5

What are the two specific types of intention?

Answer 5

1. Deliberate Act:
   ‘Intent’ means the act or omission must be done deliberately. It must be more than involuntary or accidental. Under the definition of assault it means “the act of intentionally applying or attempting to apply for force”.
2. Intent to produce a result:
   An intent is an intent to produce a specific result. In this context, result means “aim, object, or purpose”.

Question 6

What are THREE examples of circumstantial evidence when proving intent?

Answer 6

• the offenders actions and words before, during, and after the event
• the surrounding circumstances
• the nature of the act itself

Question 7

Cameron v R

Answer 7

Recklessness is established if:

a) the defendant recognised that there was a real possibility that:
i) his or her actions would bring about the proscribed result; and/or
ii) that the proscribed circumstances existed; and
b) having regard to that risk those actions were unreasonable

Question 8

What are the two parts to Cameron v R?

Answer 8

a) the subjective test - the defendant recognised the risk the offence anticipates as being possible. The defendant does not need to consider the risk significant
b) subjective and objective test - whether the defendants actions were objectively reasonable given the risk the defendant understood.