Arson (benefit/loss) Flashcards
Section
Section 267(1)(c), Crimes Act 1961
Penalty
14 years
Ingredients
1) Intentionally
2) Damages by fire or Damages by means of explosive
3) Any immovable property OR Vehicle, ship, or aircraft
4) With intent to obtain any benefit OR causes loss to any other person
Obtain
Means to obtain or retain for himself or herself or any other person
Section 217, Crimes Act 1961
Benefit
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration Section 267(4), Crimes Act 1961
R v Morley (loss)
Loss is assessed by the extent to which the complainants position prior to the (offence) has been diminished or impaired.
Section 2, Crimes Act 1961
if only it relates to the scenario
Legislation provides a wide definition of the term “person” that incorporates not only real people but also companies and other organisations.
R v Archer -choose correct answer
a) Property may be damaged if it suffers permanent or temporary physical harm
b) Property can be damages if it suffers permanent or temporary impairment of its use or value.
Both are correct