Arson - No interest in property

Question 1

What the act and section and penalty

Answer 1

S267(1)(b) CA61

14 yrs

Question 2

What are the 4 element of arson S267(1)(b)

Answer 2

1- intentionally OR 
Recklessly 
2- and without claim of right 
3- damaged by fire OR
Damages by means of explosive
4- any immovable property,vehicle, ship or aircraft in which that person has no interest

Question 3

Claim of right plus section?

Answer 3

Claim of right - S2 CA 61
- in relation to any act means a belief at the time of the act in a proprietary or possessory right in property in relation to which the alleged offence has been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 4

Immovable property

Answer 4

Immoveable property
- property will be considered immovable if it currently fixed in place and unable to be moved, even though if may be possible to make it moveable

Question 5

property plus section

Answer 5

property- S2 CA 61
- Property includes any real or personal and any estate or interest in any real or personal property, money, electricity and any debt and anything in action and any other right of interest

Question 6

Vehicle plus section

Answer 6

Vehicle- S2 LTA 61

- Means a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved

Question 7

Ship plus section

Answer 7

Ship- S2CA 61

- Means vessel used in navigation however propelled and includes any barge, lighter, dingy, raft

Question 8

Aircraft plus section

Answer 8

Aircraft- S2 Civil Aviation Act 90
- Means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth

Question 9

Interest

Answer 9

interest

- Not defined however the court have held that tenancy of a property constitutes an interest in it