Arson - Danger to Life S267(1)(a)

Question 1

Arson - Danger to Life:

Section/Penalty/Elements

Answer 1

Arson - Danger to Life

CA61; S267(1)(a)
14 years imprisonment

1) Intentionally OR Recklessly
2) Damages by Fire OR Damages by means of explosive
3) Any Property
4) If he or she knows or ought to know danger to life is likely to ensue

Question 2

S267(1)(a) Element 1/4
Intentionally OR Recklessly
What case laws and definitions for this element?

Answer 2

Define: Intent
Define: Recklessly

Caselaw:
R v Collister
Cameron V R
R v Tipple

Question 3

S267(1)(a) Element 2/4
Damages by Fire OR Damages by means of explosive
What case laws and definitions for this element?

Answer 3

Define: Damages by Fire
Explosive

Caselaw:
R v Archer

Question 4

S267(1)(a) Element 3/4
Any Property
What case laws and definitions for this element?

Answer 4

Define: Property

Sec 2 Crimes Act 1961

Property includes any real and 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.

Question 5

S267(1)(a) Element 4/4
If he or she knows or ought to know danger to life is likely to ensue
What case laws and definitions for this element?

Answer 5

Define: Knowledge
Define: Danger to Life

Question 6

Definition: Intent

Answer 6

Deliberate act to get a specific result

Question 7

Definition: Recklessly

Answer 7

Consciously and deliberately ran a risk

Question 8

Case law:
R v Collister

Answer 8

R v Collister:
The actions/words before/during/after, the surrounding circumstances, and the nature of the act itself, infer intent

Note: Intent

Question 9

Case Law:
Cameron v R

Answer 9

Cameron v R:
Offender knew actions would bring result and circumstances existed.

Note: Recklessly

Question 10

Case Law:
R v Tipple

Answer 10

R v Tipple:
Knowing the risk and acting anyway

Question 11

Define:
Damages by Fire

Answer 11

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 12

Case Law:
R v Archer

Answer 12

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

Question 13

Define:

Explosive

Answer 13

Sec. 2 Arms Act 1983

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, fireworks

Question 14

Define:
Knowledge

Answer 14

Simester and Brookbanks: Principles of Criminal Law

Knowing means knowing or correctly believing. The defendant may believe something wrongly but can not know something that is false.

Question 15

Define:
Danger to life

Answer 15

Life in this context means human life, and the danger must be to the life of someone other than the defendant.