Day 3: Arson Flashcards
Arson (Danger to life)
Section and Elements
Section 267 (1) (a)
- Intentionally or Recklessly
- Damages by fire or
Damages by means of
any explosive - Any property
- If he or she knows or ought to know that danger to life is likely to ensue
R v Archer
Damage to property:
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value
Danger to life in the context of arson
“life” in this context means human life, and the danger must be to the life of someone other than the defendant
Arson (Vehicle/Immovable property - no interest)
Section and Elements
Section 267 (1) (b)
- Intentionally or Recklessly
- Without claim of right
- Damages by fire or Damages by means of any explosive
- Any immovable property or vehicle or ship or aircraft
- In which that person has no interest
R v Wilson
Interest in property:
Tenancy of a property constitutes an interest in it
Arson (cause loss or obtain benefit)
Sections and Elements
Section 267 (1) (c)
- Intentionally
- Damages by fire or Damages by means of any explosive
- Any immovable property or vehicle or ship or aircraft
- With intent to obtain any benefit or cause loss to any other person
Morley V R
Cause loss
The loss alleged by the victim must have been induced by, or cause in reliance upon the deception.
Section 267 (1) (a)
Arson (Danger to life)
Section 267 (1) (b)
Arson (Vehicle/Immovable property - no interest)
Section 267 (1) (c)
Arson (Cause loss or obtain benefit)
Intent Definition:
To commit the act and intend to get a specific result
Case law for intent:
R v Collister
Circumstantial evidence from which an offender’s intent may be inferred can include:
- The offenders actions and words before, during and after the event
- The surrounding circumstances
- The nature of the act itself
Case law for recklessly 1:
R v Cameron
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result
(ii) that the proscribed circumstances existed
(b) having regard to that risk those actions were unreasonable
Case law for recklessly 2:
R v Tipple
Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires a “deliberate decision to run the risk”
Damages by fire definition:
Burning or charring, does not need to be set alight
Damages by explosive definition:
A mixture or substance capable of decomposition at a rapid rate the results in explosion
Danger to life definition:
Must be someone else’s life and must be human
Immovable Property definition:
Fixed in place
Vehicle definition:
A contrivance equipped with wheels, tracks or runners that are able to be moved
Ship definition:
Vessel used in navigation
Aircraft definition:
Derives support from the air
Benefit definition:
Receiving property, service, valuable consideration or pecuniary advantage
Loss definition:
Is not defined by statute but in most cases will include inancial detriment
Danger to life case law:
R v Smith
Common sense require that ‘danger to life’ should be interpreted as “danger to the life of some person other than the setter of the fire”/
The charge of arson requires the main 3 following elements to be proven:
- Damage to property
- By fire or explosives
- Either intention or
recklessness
What other additional elements needs to be proved to aggravate the offending of arson:
- knew (or ought to have
known) that there was a
likelihood of danger to
life - had no interest in the
property - had no claim of right
- had an intention to obtain any benefit or cause a loss
