Arson ( Danger To Life) Sec 267(1)(a)CA 1961 Flashcards
Arson ( Danger to life) What is the section and penalty?
Sec 267(1)(a)CA 1961
Penalty: Upto 14 years imprisonment
What are the elements for Arson ( Danger to life) sec 267(1)(a)CA1961
*Intentionally OR recklessly
*Damages by fire OR damages by means of explosive
*Any property
*If he or she knows OR ought to know that danger to life is likely to ensue
Case Law - R V Mohan
Intent involves a decision to bring about, in so far as it lies within the accused power, the commission of the offence.
Case Law R V Waaka
A fleeting or passing thought, is not sufficient, there must be a firm intent or a firm purpose to effect the act
Intent - Definition
A deliberate act to get a specific result.
Reckless - Definition
Acting recklessly “ involves consciously and deliberately taking any unjustifiable risk.
Case Law R V Collister
The offenders intent can be inferred by:
His or her actions or words before, during, or after the event.
The surrounding circumstances.
The nature of the act itself.
Case Law R V Harney
Recklessness involves foresight of dangerous consequences that could well happen, together with the intention to continue the course of conduct regardless of the risk.
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.
Explosive - Definition
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 a rapid rate as to result in an explosion or producing Pyro technic effect.
Includes: Gun powder, Gelignite and detonator.
Does not Include: fireworks or firearms.
Property - Definition
Sec 2 CA 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.
Case Law Simester and Brookbanks
Knowledge means knowing of correctly believing, the defendant may believe something wrongly but cannot know something that is false.
Life - Definition
Life in this contexts means human life of someone other than the defendant.
R V Tipple
Requires that the defendant had a conscious appreciation of the risk and made a deliberate decision to run that risk
Damages by fire
Although damage by fire will often involve burning or charring, it is not necessary that the property was alight, heat damage, oxidation and smoke damage may be sufficient.
