Arson - Cause loss or obtain benefit Flashcards
What is the act, Sec and penalty
S267(1)(c) CA61
14yrs
What the 4 elements
1- intentionally
2- damaged by fire
OR
by means of explosives
3- Any immovable property or vehicle OR ship OR aircraft
4- With intent to obtain any benefit
OR
cause loss to any other person
obtain
Obtain- S217 CA61
- Means to obtain or retain for themselves or any other person
benefit
Benefit-S267(4) CA 61
- Any benefit pecuniary advantage, privilege, property, service or valuable consideration
Loss
plus case law
Loss- R v Morley
- Loss is assessed by the extent to which the victim position to the offence has been diminished or impaired
Person (relating to scenario)
Person- S2 CA 61
- Legislation provides a wide definition of the term person that incorporates not only real people but also companies and other organisations