Arson (No Interest) 267(1)(b)CA 1961 Flashcards
Arson (No Interest) Sec 267(1)(b)CA 1961
Elements
1: Intentionally or Recklessly
2: And Without Claim of Right
3: Damages by Fire or by Means of Explosive
4: Any immovable Property or Vehicle or Ship or Aircraft which that person had no interest
Arson (No Interest) What is the section and penalty
Sec 267(1)(b)CA 1961
Penalty: Upto 14 years imprisonment
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.
Case Law R V Tipple
Requires that the defendant had a conscious appreciation of the risk and made a deliberate decision to run that risk
Case Law Cameron V R
Recklessness is established if :
The defendant recognised that there was a real possibility that:
His or her action would bring about the proscribed result.
That the proscribed circumstances existed.
Having regard to that risk, those action were unreasonable
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.
