Arson (Benefit/Loss)

Question 1

Section / Act / Penalty

Answer 1

Section 267(1)(c), Crimes Act 1961
14 Years Imprisonment

Question 2

Ingredients

Answer 2

• Intentionally
• Damages by Fire OR Damages by Means of Explosives
• Any Immovable Property OR Vehicle OR Ship OR Aircraft
• With intent to obtain any benefit OR Cause Loss to any other Person

Question 3

Intentionally

Answer 3

INTENT:
In a criminal law context there are two specifics types of intent in an offence. Firstly, there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 4

Damages by Fire (and Case law)

Answer 4

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 maybe sufficient.

Case Law - 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 5

Damages by Means of Explosives

Answer 5

EXPLOSIVE - Sec 2, Arms Act 1983
Any substance, mixture or combination of substances which in its normal state is capable either of decomposition as such rapid rate as to result in an explosion or of producing a pyrotechnic effect.

Includes: gun power, gelignite, detonator

Does not Include: Firearms, fireworks

Question 6

Immovable Property

Answer 6

IMMOVABLE
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.

PROPERTY - Sec 2, Crimes Act 1961
Property includes any real or personal property, and any estate or interest in any real or personal property, money, electricity and any debt, and anything in action, and any other right or interest.

Question 7

Vehicle

Answer 7

VEHICLE - Sec 2, Land Transport Act 1998

Means a mode of contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.

Question 8

Ship

Answer 8

SHIP - Sec 2, Crimes Act 1961
Means every description of vessel used in navigation, however propelled; and included any barge, lighter, dinghy, raft or like vessel; and also includes any ship belonging to or used as a ship of the armed forces or any country.

Question 9

Aircraft

Answer 9

AIRCRAFT - Sec 2, Civil Aviation Act 1990
Means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth.

Question 10

With intent to obtain any benefit

Answer 10

INTENT:
In a criminal law context there are two specifics types of intent in an offence. Firstly, there must be an intention to commit the act and secondly, an intention to get a specific result.

OBTAIN - Sec 217, Crimes Act 1961
Means to obtain or retain for himself or herself or any other person.

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

Question 11

Cause Loss to any other person

Answer 11

LOSS - R v Morley
Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.

PERSON
Gender neutral - proven by judicial notice or circumstantially.

Legislation provides a wide definition of the term ‘person’ that incorporates not only real people but also companies and other organisations - Sec 2, Crimes Act 1961 (Only include if relevant to the scenario)