Arson (c)

Question 1

Arson (c)

Answer 1

Section 267 (1) (c) Crimes Act 1961

Question 2

Penalty

Answer 2

14 years

Question 3

Elements

Answer 3

1. Intentionally OR recklessly
2. Damages by fire OR damages by means of explosive
3. Any immovable property OR vehicle OR ship OR Aircraft
4. With intent to obtain any benefit OR cause loss to any other person.

Question 4

Intent

Answer 4

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

Question 5

Damages by fire

Answer 5

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 6

R v Archer

Answer 6

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

Question 7

Explosive

Answer 7

Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect. Includes gun powder, gelignite, detonators. Does not include firearms or fireworks
Section 2, Arms Act 1983

Question 8

Immovable property

Answer 8

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.

Question 9

Property

Answer 9

Property includes any real or 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
Section 2, Crimes Act 1961

Question 10

Vehicle

Answer 10

Means a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
Section 2, Land Transport Act 1998

Question 11

Ship

Answer 11

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

Question 12

Aircraft

Answer 12

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
Section 2, Civil Aviation Act 1990

Question 13

Obtain

Answer 13

Obtain in relation to any person, means obtain or retain for himself or herself or for any other person
Sec 217 Crimes Act 1961

Question 14

Benefit

Answer 14

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

Question 15

R v Morley

Answer 15

Loss … is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.

Question 16

Person

Answer 16

Gender Neutral. Proven by judicial note or circumstantially.

Wider definition to include companies and other organisations.