Arson - Obtain Benefit/Cause Loss (Other property) S267(2)(b)

Question 1

Arson - Obtain Benefit/Cause Loss (Other property):

Section/Penalty/Elements

Answer 1

Arson - Obtain Benefit/Cause Loss

CA61; S267(2)(b)
7 years imprisonment

1) Intentionally OR Recklessly
2) Damages by Fire OR Damages by means of explosive
3) Any Property (Other than property listed in subsection 1)
4) With Intent to Obtain any Benefit OR Cause Loss to any Person

Question 2

S267(2)(b)
What case laws and definitions for this liability?

((Full definition) For shorter breakdown see S267(1)(c) topic)

Answer 2

1) Intentionally OR Recklessly

 Define: Intent: Deliberate act to get a specific result
 Define: Recklessly: Consciously and deliberately ran a risk

 Caselaw: 
 R v Collister: The actions/words before/during/after, the surrounding circumstances, and the nature of the act itself, infer intent
 Cameron V R: Offender knew actions would bring result and circumstances existed.
 R v Tipple: Knowing the risk and acting anyway

2) Damages by Fire OR Damages by means of explosive

Define Fire: 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.
	
	Define Explosive: 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
	
	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.

3) Any Property (Other than property listed in subsection 1)

4) With intent to obtain any benefit, OR with intent to cause loss to any other person

Define: Intent = Deliberate act to get a specific result
	Define: Benefit = Receiving Pecuniary advantage, property, service, or valuable consideration
	Loss Caselaw: R v Morley = Loss is assessed by extent to which victims position (prior to the offence) has been diminished or impaired.

Question 3

Define: Property

Answer 3

Sec 2 Crimes Act 1961

Property includes any real and personal property and any estate or interest in any real or personal property, money, electricity and any debt and any thing in action and any other right or interest.