Legislation

Question 1

What legislation?

Intentionally for Benefit
No COR
No Interest
How: Fire
Any property

Answer 1

Arson CA61 s267(2)(b)

Intentionally
Damages by fire
Any property
With intent to obtain benefit

Question 2

Legislation:
Arson - Danger to Life (14 yrs)

Answer 2

Section 267(1)(a) Crimes Act 1961
Arson
(1)
Every one commits arson and is liable to imprisonment for a term not exceeding 14 years who—

(a)
intentionally or recklessly
damages by fire or by means of any explosive
any property
if he or she knows or ought to know that danger to life is likely to ensue

Question 3

Legislation:
Arson - Property​ (14)

Answer 3

Section 267(1)(b) Crimes Act 1961
Arson

(1) Every one commits arson and is liable to imprisonment for a term not exceeding 14
years who—

(b)
intentionally or recklessly, and 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

Question 4

Legislation:
Arson - Benefit​ (14 yrs)

Answer 4

Section 267(1)(c) Crimes Act 1961
Arson

(1) Every one commits arson and is liable to imprisonment for a term not exceeding 14
years who—

(c)
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 to
cause loss to any other person.

Question 5

Legislation:
Arson in relation to property (7 yrs)

Answer 5

Section 267 (2) (a) CA 1961​
Arson

Intentionally/Recklessly, without claim of right, damages by fire/explosive, any property in which that person has no interest (other than property referred to in subsection (1))​

Question 6

Legislation:
Arson in relation to benefit (7 yrs)

Answer 6

Section 267 (2) (b) CA 1961​
Arson

Intentionally/Recklessly, damages by fire/explosive, any property (other than property referred to in subsection (1) ) with intent to obtain any benefit, or with intent to cause loss to any person​

Question 7

Legislation:
Reckless disregard for the safety of any other property (5 yrs)

Answer 7

Section 267 (3) CA 1961
Arson

Every one is liable to imprisonment for a term not exceeding 5 years who intentionally damages by fire or by means of any explosive any property with reckless disregard for the safety of any other property.

Question 8

What’s the DIFFERENCE between 267(1) and 267(2)​

Answer 8

THE MAIN DIFFERENCE IS IN THE PROPERTY

267(1) is Immovable property and vehicles, ships and aircraft. (High value property)

267(2) is property not included above (Less value property)

267(1)(c) omits Recklessness where as 267(2)(b) includes Recklessness.

Question 9

Legislation:
Attempted Arson

Answer 9

Section 268 CA 1961
Attempted Arson

Every one is liable to imprisonment for a term not exceeding 10 years who:

attempts to commit arson
in respect of any immovable property
or any vehicle, ship, or aircraft.

Question 10

Legislation:
Intentional damage - Benefit

Answer 10

S269(2)(b) Crimes Act 1961
Intentional Damage

Every one is liable to imprisonment for a term not exceeding 7 years who—

(b)
intentionally or recklessly,
and without claim of right,
destroys or damages
any property
with intent to obtain any benefit,
or with intent to cause loss to any other person.

Question 11

What is the purpose of 267 sections (2) and (3)

Answer 11

Lower-value property is dealt with in subsections (2) In subsection (3) it’s the burning of property when there is risk to other property.

Question 12

Is Recklessness an element of Attempted Arson

Answer 12

No

Question 13

Section 268 Crimes Act 1961
Attempted arson

Answer 13

Every one is liable to imprisonment for a term not exceeding 10 years who attempts to
commit arson in respect of any immovable property or any vehicle, ship, or aircraft.

Question 14

What are the two ingredients the crown must prove regarding the offence of Attempting to commit Arson?

Answer 14

The crown must prove:

(1) INTENT to commit the offence, and
(2) ACTED FOR THE PURPOSE OF ACHIEVING THAT AIM. I.e. take a real and substantial step leading up towards achieving that aim. It must go beyond mere preparation.

An offence may constitute an attempt if it
is immediately or proximately connected with the intended offence.

Question 15

Section 272 Crimes Act 1961
Providing explosives to commit an offence

Answer 15

Every one is liable to imprisonment for a term not exceeding 2 years who

knowingly has in his or her possession or
makes any explosive substance, or any dangerous engine, instrument, or thing,
with intent to use or enable another person to use
the substance, dangerous engine, instrument, or thing,
to commit an offence.