Arson (other-benefit/loss) Flashcards

1
Q

Section

A

Section 267(2)(b)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Penalty

A

7 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Ingredients

A

1) Intentionally or Recklessly
2) Damages by fire OR Damages by means of explosive
3) any property (other than property listed in sectipn 267(1)
4) With intent to obtain any benefit or Cause loss to any person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Under Section 3, Crimes Act 1961

A wide definition of the term ““person that incorporates not only real people, but also companies and organisations

A

FALSE
Section 2, Crimes Act
However the content is correct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q
Intent
I
M
D
S 
A
P
A
A
a person does something INTENTIONALLY 
if they MEAN to do it
they DESIRE a 
SPECIFIC result 
and ACT with the 
AIM or PURPOSE 
of ACHIEVING it
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of risk

R v Waaka
R Mohan
R v Harney
R v Archer

A

R v Harney

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

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

R v Mohan
R v Harney
R v Archer
R v Waaka

A

R v Archer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Can loss be assessed by the extent the complainants position prior to the offence has been diminished or impaired.

What case law does this refer to?

A

yes

R v Morley

How well did you know this?
1
Not at all
2
3
4
5
Perfectly