Arson (Other- no interest) Flashcards
1
Q
Section
A
Section 267(2)(a), Crimes Act 1961
2
Q
Penalty
A
7 years
3
Q
Ingredients
A
1) Intentionally or Recklessly
2) And without claim of right
3) Damages by fire OR Damages by means of explosive
4) Any property (other than property listed in section 267(1) in which that person has no interest)
4
Q
R v Mohan
what comes first
“The commission of the offence”
A
A decision to bring about, in so far as it lies within the accused’s power
5
Q
Claim of right
A
- Belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed.
- Although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
6
Q
Explosive
A
-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.
7
Q
Property includes a) any debt b) any real of personal property c) Electricity d) Money e) Anything in your physical possession f ) Any estate or interest
A
a, b, c, d, f,