Arson - Obtain Benefit/Cause Loss S267(1)(c)

Question 1

Arson - Obtain Benefit/Cause Loss :

Section/Penalty/Elements

Answer 1

Arson - Obtain Benefit/Cause Loss

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

1) Intentionally
2) Damages by Fire OR Damages by means of explosive
3) Any Immovable Property OR Any Vehicle, OR Ship OR Aircraft
4) With Intent to Obtain any Benefit OR Cause Loss to any Person

Question 2

S267(1)(c) Element 1/4
Intentionally
What case laws and definitions for this element?

Answer 2

Define: Intent

Caselaw:
R v Collister

Question 3

S267(1)(c) Element 2/4
Damages by Fire OR Damages by means of explosive
What case laws and definitions for this element?

Answer 3

Define: Damages by Fire
Explosive

Caselaw:
R v Archer

Question 4

S267(1)(c) Element 3/4
Any Immovable Property OR Any Vehicle, OR Ship OR Aircraft
What case laws and definitions for this element?

Answer 4

Define: Immovable Property,
Vehicle, Ship, or Aircraft

Question 5

S267(1)(c) Element 4/4
With intent to obtain any benefit OR cause loss to any other person
What case laws and definitions for this element?

Answer 5

Define: Intent

Define: Benefit

Loss Caselaw:
R v Morley

Question 6

Definition: Intent

Answer 6

Deliberate act to get a specific result

Question 7

Case law:
R v Collister

Answer 7

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

Note: Intent

Question 8

Define:
Damages by Fire

Answer 8

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 9

Case Law:
R v Archer

Answer 9

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

Question 10

Define:

Explosive

Answer 10

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 11

Define:
Immovable Property

Answer 11

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 12

Define:
Vehicle, Ship or Aircraft

Answer 12

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 13

Definition Benefit

Answer 13

Benefit:
Receiving Pecuniary advantage, property, service, or valuable consideration

Question 14

Caselaw:
R v Morley

Answer 14

Loss is assessed by extent to which victims position (prior to the offence) has been diminished or impaired.