Arson - No Interest

Question 1

Arson - No Interest

Answer 1

S267(1)(b) ARSON - NO INTEREST (just want to see things burn)

• Everyone
• Intentionally OR Recklessly
• And without claim of right
• Damages by fire OR Damage by means of explosive
• Any immovable property, vehicle, ship or aircraft in which that person has no interest

Question 2

Claim of Right

Answer 2

CLAIM OF RIGHT
Honest belief at the time of the act in proprietary or possessory right in property in relation to which the offence is alleged to have been committed. However, belief maybe based on ignorance or mistake.

Must be about rights to the property in relation to which the offence is alleged to have been committed.

Question 3

Immovable Property etc.

Answer 3

Immovable - Fixed in place and unable to be moved (buildings/forests/cornfield etc)

Vehicle - Contrivance equipped with wheels, tracks, revolving runners on which it moves (skateboard/roller skates, not trolley/wheelbarrow/lawnmower)

Ship - Vessel used in navigation, however propelled

Aircraft - Machine that can derive support in the atmosphere

Question 4

No Interest

Answer 4

Not legally defined - however tenancy has been deemed interest in a property. Note there is no interest.

Question 5

Interest in Property

Answer 5

INTEREST IN PROPERTY
General rule not an offence to damage your own property. Exceptions are when you act and
- Intend to defraud someone else (eg insurer of your property)
- You know, or ought to know, that it is likely to endanger life ( eg family asleep in the house you set fire to)
- You know that property mentioned in 267(1) is likely to catch fire or be damaged as a consequence (eg you may be endangering your neighbours house)