Arson - Other property and cause loss/obtain benefit

Question 1

In relation to arson where the person wants a benefit in property not listed in 267(1)

What is act, sec and penalty?

Answer 1

S267(2)(b) CA61

7 yrs

Question 2

list the 4 elements?

Answer 2

1- Intentionally
or
recklessly

2- damages by fire
or
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 3

Explain Loss plus the case law

Answer 3

Loss- R v MORLEY

- Loss is assessed on the extent of which the victims position prior to the offence is diminished or impaired

Question 4

Obtain plus section

Answer 4

Obtain- S217 CA 61

- Means to retain or obtain for themselves or some other person

Question 5

Benefit plus section

Answer 5

Benefit- S267(4)

- Any benefit, pecuniary advantage, privilege, service or valuable consideration.