Arson - No interest S267(1)(b)

Question 1

Arson - No interest:

Section/Penalty/Elements

Answer 1

Arson - No interest

CA61; S267(1)(b)
14 years imprisonment

1) Intentionally OR Recklessly
2) Without Claim of right
3) Damages by Fire OR Damages by means of explosive
4) Any Immovable Property OR Any Vehicle, OR Ship OR Aircraft
5) In Which that Person has No Interest

Question 2

S267(1)(b) Element 1/5
Intentionally OR Recklessly
What case laws and definitions for this element?

Answer 2

Define: Intent
Define: Recklessly

Caselaw:
R v Collister
Cameron V R
R v Tipple

Question 3

S267(1)(b) Element 2/5
Without Claim of right
What case laws and definitions for this element?

Answer 3

Define: Claim of right =
A belief in the possesory right to the property

Question 4

S267(1)(b) Element 3/5
Damages by Fire OR Damages by means of explosive
What case laws and definitions for this element?

Answer 4

Define: Damages by Fire
Explosive

Caselaw:
R v Archer

Question 5

S267(1)(b) Element 4/5
Any Immovable Property OR Any Vehicle, OR Ship OR Aircraft
What case laws and definitions for this element?

Answer 5

Define: Immovable Property,
Vehicle, Ship, or Aircraft

Question 6

S267(1)(b) Element 5/5
In Which that Person has no Interest
What case laws and definitions for this element?

Answer 6

Caselaw:
R v Wilson

Question 7

Definition: Intent

Answer 7

Deliberate act to get a specific result

Question 8

Definition: Recklessly

Answer 8

Consciously and deliberately ran a risk

Question 9

Case law:
R v Collister

Answer 9

R v Collister:
The actions/words before/during/after, the surrounding circumstances, and the nature of the act itself, infer intent

Note: Intent

Question 10

Case Law:
Cameron v R

Answer 10

Cameron v R:
Offender knew actions would bring result and circumstances existed.

Note: Recklessly

Question 11

Case Law:
R v Tipple

Answer 11

R v Tipple:
Knowing the risk and acting anyway

Question 12

Define:
Damages by Fire

Answer 12

Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient.

Question 13

Case Law:
R v Archer

Answer 13

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

Question 14

Define:

Explosive

Answer 14

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 rapid rate as to result in an explosion or of producing a pyrotechnic effect,Includes: gun powder, gelignite, detonators

Does Not Include: Firearms, fireworks

Question 15

Define:
Immovable Property

Answer 15

Property that is currently fixed in place and unable to be moved, even though it may be possible to make it moveable.

Generally higher value property

Question 16

Define:
Vehicle, Ship or Aircraft

Answer 16

Vehicle
Contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved

Ship
Vessel used in navigation, however propelled

Aircraft
Any machine that can derive support in the atmosphere from the reactions of air

Question 17

Caselaw:
R v Wilson

Answer 17

Tenancy of property can mean interest