Arson Liabilities

Question 1

Arson Section 267(1)(a) - Act, section, elements

Answer 1

• Intentionally or Recklessly
• Damages by fire or damages by means of any explosive
• Any property
• If he or she knows or ought to know that danger to life is likely to ensue.

Question 2

Arson Section 267(1)(b) - Act, section, elements

Answer 2

• Intentionally or Recklessly
• Without claim of right
• Damages by fire or damages by means of any explosive
• Any immovable property or vehicle or ship or aircraft
• In which that person has no interest

Question 3

Arson Section 267(1)(c) - Act, section, elements

Answer 3

• Intentionally
• Damages by fire or damages by means of any explosive
• Any immovable property or vehicle or ship or aircraft
• With intent
• To obtain any benefit or cause loss to any other person.

Question 4

Arson Section 267(2)(a) - Act, section, elements

Answer 4

• Intentionally or Recklessly
• Without Claim of Right
• damages by fire or by means of any explosive
• any property in which that person has no interest (other than property referred to in subsection(1))

Question 5

Arson Section 267(2)(b) - Act, section, elements

Answer 5

• Intentionally or Recklessly
• Damages by fire or by means of any explosive
• Any property (other than property referred to in subsection(1)
• with intent to obtain any benefit or with intent to cause loss to any other person

Question 6

Attempted Arson Section 268 CA1961 - Act, Section, Elements, Term of Imprisonment

Answer 6

Attempted Arson Section 268 CA1961 - 7 years imprisonment.

• A person
• Attempts to
• commit arson
• in respect of any immovable property or any vehicle, ship, aircraft

Question 7

Intentional Damage (1) - Act, Section, Element, Term of Imprisonment

Answer 7

Intentional Damage - Section 269(1) CA1961 - 10 Years imprisonment

• A person
• Intentionally or Recklessly
• Destroys or Damages
• Any property
• He or She knows or Ought to know that danger to life is likely to result

Question 8

Intentional Damage (2) (a) & (b) - Act, Section, Element, Term of Imprisonment

Answer 8

Intentional Damage - Section 269(2) CA1961 - 7 Years imprisonment

• A person
• Intentionally or Recklessly
• Without Claim of Right
• Destroys or Damages
• Any Property
  (a) in which that person has no interest; or
  (b) with intent to obtain any benefit, or with intent to cause loss to any other person

Question 9

Intentional Damage (3) - Act, Section, Element, Term of Imprisonment

Answer 9

Intentional Damage - Section 269(3) CA1961 - 7 Years imprisonment

• A person
• Intentionally
• Destroys or Damages
• Any Property
• With reckless disregard for the safety of any other property.

Question 10

R v Archer

Answer 10

Property damage may be temporary or permanent physical harm and includes impairment of its use or value.

Question 11

R v Morley

Answer 11

Loss is assessed by the extent to which the complainant’s position is impaired or diminished by the offending.

Question 12

Define attempts

Answer 12

Section 71 CA1961
Any act or omission, beyond mare preparation, with intent to commit an offence. Must be sufficiently proximate to the intended offence.

Question 13

R v Harpur x2

Answer 13

An attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in the commission of the crime.

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. Considering how much remains to be done is always relevant, thought not determinative.

Question 14

Define Sufficiently Proximate in relation to attempts

Answer 14

The offenders’ actions must be sufficiently proximate to the offense. The defendant must have gone beyond mare preparation and taken a real and practical step towards the actual commission of the crime.