Arson (Other - Benefit/Loss)

Question 1

Arson (Other - Benefit/Loss) - section and ingredients

Answer 1

Section 267(2)(b) of crimes act

1. Intentionally OR Recklessly
2. Damages by Fire OR Damages by means of explosive
3. Any property (other than property listed in section 267(1)
4. With intent to obtain any benefit or cause loss to any person

Question 2

What is intent

Answer 2

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

Question 3

R v Mohan on intent

Answer 3

Intent involves a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence

Question 4

R v Waaka on intent

Answer 4

A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect and act

Question 5

what does it mean to act reckless

Answer 5

Acting recklessly involves consciously and deliberately taking an unjustifiable risk

Question 6

R v Harney on recklessness

Answer 6

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

Question 7

What constitutes “damages by fire”

Answer 7

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 8

R v Archer on property damage

Answer 8

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

Question 9

Explosive definition under section 2 of the arms act 1983

Answer 9

Any substance/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 10

Property definition under section 2 of crimes act

Answer 10

property includes any real or 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

Question 11

what does obtain mean

Answer 11

Means to obtain or retain for himself or herself or any other person

Question 12

What is a benefit

Answer 12

Any benefit, pecuniary advantage, privilege, property, service or valuable consideration

Question 13

R v Morley on loss

Answer 13

Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired