Arson Offences - Liabilities & Case Law

Question 1

Arson (Danger To Life)

Answer 1

Section 267(1)(a), Crimes Act 1961

• Intentionally or recklessly
• Damages by fire or damages by means of any explosive
• Any property
• If he or she knows or ought to know that danger to life is likely to ensue

Question 2

Arson (Vehicle/Immovable Property - No Interest)

Answer 2

Section 267(1)(b), Crimes Act 1961

• Intentionally or recklessly
• Without claim of right
• Damages by fire or damages by any means of explosive
• Any immovable property or vehicle or ship or aircraft
• In which that person has no interest

Question 3

Arson (Cause Loss Or Obtain Benefit)

Answer 3

Section 267(1)(c), Crimes Act 1961

• Intentionally
• Damages by fire or damages by any means of explosive
• Any immovable property or vehicle or aircraft or ship
• With intent
• To obtain any benefit or cause loss to any other person

Question 4

Attempted Arson

Answer 4

Section 268, Crimes Act 1961

Must

• Intent to commit the offence
• Take a real and substantial step towards achieving that aim.

Question 5

Case Law - CAMERON v R

Answer 5

Recklessness is established if:

(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable

Relates to: recklessness

(Shane Cameron the ex-boxer hiffing a full can of baked beans recklessly into a crowd)

Question 6

R v ARCHER

Answer 6

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

Relates to: Arson 267(1)(c)

(Archer with a flaming arrow)

Question 7

R v TIPPLE

Answer 7

Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires “a deliberate decision to run the risk”.

Relates to: Recklessness

(I’m going to ‘Tip all’ these stones off the bridge and onto the cars below)

Question 8

R v MORLEY

Answer 8

“Loss… is assess by the extent to which the complainant’s position prior to the offence has been diminished or impaired”

Relates to: intent to deceive – deception and loss caused.

(My intent to deceive grows morely day by day)