Case Law & Definitions - Arson

Question 1

Elements and imprisonment term.

s267(1)(a)

Answer 1

-Intentionally or Recklessly
-Damages by fire (or by means of any explosive)
-Any property
-Knows or ought to know that danger to life is likely to ensue
(14yrs)

Question 2

Elements and imprisonment term.

s267(1)(b)

Answer 2

-Intentionally or Recklessly
-Without claim of right
-Damages by fire (or by means of any explosive)
-Any immovable property, or any vehicle, ship or aircraft
-In which that person has no interest
(14yrs)

Question 3

Elements and imprisonment term.

s267(1)(c)

Answer 3

-Intentionally
-Damages by fire (or by means of any explosive)
-Any immovable property, or any vehicle, ship or aircraft
-With intent to obtain any benefit or with intent to cause loss to any other person
(14yrs)

Question 4

R v Archer

Answer 4

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

Question 5

R v Morley

Answer 5

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