Arson Questions

Question 1

What is the difference between the 3 arson sections?

Answer 1

267(1)(a) - arson with danger to life (if he or she knows or ought to know that danger to life is likely to ensue)

267(1)(b) - arson where offender has no interest in property (any immovable property, or any vehicle, ship or aircraft, in which that person has no interest)

267(1)(c) - with intent to obtain any benefit or to cause loss to any person

Question 2

Explain damages by fire and the relevant case law

Answer 2

Prosecution must prove that the property has been damaged by fire or explosive as a result of the defendants actions.

It is not necessary that the property is actually set alight. Melting, blistering of paint or significant smoke damage may be sufficient.

R v Archer,

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

Question 3

What does a fire need to start?

Answer 3

Oxygen, heat and fuel. Fire is a result of combustion of oxygen and fuel, triggered by heat. Fuel is ignited to ignition temp, it releases gases which then react with oxygen molecules in the air.

This reaction results in the release of heat and energy