FOCUS Arson

Question 1

Arson (Danger to Life)

List:

• Tops & Sides
• Case Law
• Definition Headings

Answer 1

Section 267(1)(a)
Crimes Act 1961
Penalty: 14 years

Intentionally OR Recklessly / Damages by Fire OR Damages by means of explosives / Any Property / If he or she knows or ought to know / That danger to life is likely to ensue

R v Harney
R v Archer

Intent
Reckless
Damages by Fire
Explosive
Property
Knowledge
Life

Question 2

Define Reckless

Answer 2

Acting recklessly involves consciously and deliberately taking an unjustifiable risk.

Question 3

R v Harney

Answer 3

Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.

Question 4

Define Damages by Fire

Answer 4

Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient

Question 5

Define R v Archer

Answer 5

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

Question 6

Define Explosive

Answer 6

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. Includes gun powder but not firearms or fireworks.

Question 7

Define Property

Answer 7

Property includes any real or personal property and any estate or interested in any real or personal property, money, electricity and any debt, and any thing in action, and any other right or interest.

Question 8

Define Knowledge

Answer 8

Knowing means “knowing or correctly believing”
Simester and Brookbanks
The defendant may believe something wrongly, but cannot know something that is false.

Question 9

Define Life

Answer 9

In this context means human life, and the danger must be to the life of someone other than the defendant.

Question 10

Arson (No Interest)

List:

• Tops & Sides
• Case Law
• Definition Headings

Answer 10

Section 267(1)(b)
Crimes Act 1961
Penalty: 14 years

Intentionally OR Recklessly / And Without Claim of Right / Damages by Fire OR Damages by means of explosives / Any Immovable Property or Any Vehicle or Any Ship or Any Aircraft, in which that person has no interest.

R v Harney
R v Archer

Intent
Reckless
Claim of Right
Damages by Fire
Explosive
Immovable Property
Property
Vehicle
Ship
Aircraft
Interest

Question 11

Define Claim of Right

Answer 11

In relation to any act, means 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

Question 12

Define Immovable Property

Answer 12

Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable

Question 13

Define Vehicle

Answer 13

Means a contrivance equipped with wheels, on which it moves or is moved.

Question 14

Define Ship

Answer 14

Vessel used in navigation, however propelled, including the ship of any country

Question 15

Define Aircraft

Answer 15

means any machine that can derive support in the atmosphere

Question 16

Define Interest

Answer 16

Not defined by legislation, however the courts have held that the tenancy of a property constitutes interest in it.

Question 17

Arson (Benefit or Loss)

List:

• Tops & Sides
• Case Law
• Definition Headings

Answer 17

Section 267(1)(c)
Crimes Act 1961
Penalty: 14 years

Intentionally OR Recklessly / Damages by Fire OR Damages by means of explosives / Any Immovable Property or Any Vehicle or Any Ship or Any Aircraft / With intent to obtain any benefit OR cause loss to any other person.

R v Archer
R v Morley

Intent
Damages by Fire
Explosive
Immovable Property
Property
Vehicle
Ship
Aircraft
Obtain
Benefit
Person

Question 18

R v Morely

Answer 18

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

Question 19

Define Benefit

Answer 19

Any benefit, pecuniary advantage, privilege, property, service or valuable consideration

Question 20

Define Obtain

Answer 20

Means obtain or retain for himself or herself or any other person

Question 21

R v Harpur

Answer 21

“[The Court may] have regard to the conduct viewed cumulatively up to the point
when the conduct in question stops … the defendant’s conduct [may] be
considered in its entirety. Considering how much remains to be done … is always
relevant, though not determinative.”