Arson - Liabilities & Case Law

Question 1

R v MORLEY

Answer 1

Relates to loss.

Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.

Question 2

R v ARCHER

Answer 2

Relates to damage.

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

Question 3

R v TIPPLE

Answer 3

Relates to recklessness.

Recklessness requires that the offender knows of or has an appreciation of the risk but makes a deliberate decision to “run the risk”.

Question 4

CAMERON v R

Answer 4

Relates to recklessness.

The offender knows that his/her actions could bring about a harmful result or that a risk of harm exists.

Having regard to that risk, their actions were unreasonable.

Question 5

Arson (relating to life)

Answer 5

Section 267(1)(a) Crimes Act 1961

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

Question 6

Arson (relating to property)

Answer 6

Section 267(1)(b) Crimes Act 1961

• 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 had no interest.

Question 7

Arson (relating to benefit)

Answer 7

Section 267(1)(c) Crimes Act 1961

• 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.