Arson Liabilities

Question 1

Arson (danger to life) - ingredients

Case Law

Answer 1

Crimes act 1961 - section 267(1)(a) 14yrs
1. Intentionally (R v Collister) OR
Recklessly (Cameron v R & R v Tipple)

2. Damages by FIRE OR damages ( R v Archer) by means of any EXPLOSIVE
3. Any property
4. If he or she knows or ought to know that danger to life is likely to ensue
   KNOWLEDGE

Question 2

Arson (vehicle/immovable property - no interest) - ingredients

Answer 2

Crimes act 1961 - section 267(1)(b) 14yrs

1. Intentionally (R v Collister) or
   Recklessly (Cameron v R & R v Tipple)
2. Without claim of right
3. Damages by FIRE OR damages (R v Archer) by means of any EXPLOSIVE
4. Any immovable property OR vehicle OR ship OR aircraft
5. In which that person has no interest
   (R v Wilson)

Question 3

Arson (obtain benefit or cause loss) - ingredients

Answer 3

Crimes act 1961 - section 267(1)(c) 14yrs
1. Intentionally
(R v Collister)
2. Damages by fire OR damages by means of any explosive
(R v Archer-damage)
3. Any immovable property OR vehicle OR ship OR aircraft

4. With intent to obtain any benefit OR cause loss to any other person
   (R v Morley- loss)

Question 4

S267(2)(a)

Answer 4

7yrs
Intentionally (R v Collister) or
Recklessly (Cameron v R & R v Tipple)

Without Claim of Right
Damages by Fire or Explosive
Any property (other than in subsection 1)
In which that person has no interest in

Question 5

S267(2)(b)

Answer 5

7yrs
Intentionally (R v Collister) or
Recklessly (Cameron v R & R v Tipple)

Damages by Fire or Explosive
Any property (other than listed in subsection 1)
With intent to cause loss Or obtain benefit

Question 6

Attempted Arson

Answer 6

S268 CA61 10yrs
Attempts to commit Arson
To any immovable property vehicle ship or aircraft

Question 7

Providing Explosive

Answer 7

S272 2yrs
possession or makes
any explosive substance, or any dangerous engine, instrument, or thing,
intent to use or enable another person to use
the substance, dangerous engine, instrument, or thing, to commit an offence.

Question 8

Intentional Damage (Danger to Life)

Answer 8

S269(1) 10yrs
Intentionally (R v Collister) or
Recklessly (Cameron v R & R v Tipple)
Destroys or Damages
Any property
if he or she knows or ought to know that danger to life is likely to result.

Question 9

Intentional Damage (No Claim)

Answer 9

S269(2)(a) 7 yrs
Intentionally (R v Collister) or
Recklessly (Cameron v R & R v Tipple)
,
Without claim of right,
Destroys or Damages
any property
Which that person has no interest; or

Question 10

Intentional Damage (cause Loss/Obtain Benefit)

Answer 10

S269(2)(b)
Intentionally (R v Collister) or
Recklessly (Cameron v R & R v Tipple)

Without claim of right,
Destroys or Damages
any property
with intent to obtain any benefit, or with intent to cause loss to any other person.