Liability 267(1)(a)

Question 1

Arson (1)(a)

Section and Penalty

Answer 1

Section 267(1)(a) Crimes Act 1961

14 Years Imprisonment

Question 2

Arson (1)(a)

Ingredients

Answer 2

.1 Intentionally
OR
Recklessly

.2 Damages by fire
OR
Damages by means of explosive

.3 Any property

.4 If he or she knows
OR
Ought to know that danger to life is likely to ensue

Question 3

.1 Intentionally

Answer 3

There are two specific types of intention. First, there must be an intention to commit the act and second, an intention to get a specific result.

Question 4

.1 Recklessly

Answer 4

Recklessness is the conscious and deliberate taking of an unjustified risk. Where the consequences complained of could well happen and the person continues regardless of the risk.
R v Harney

Question 5

.2 Damages by Fire

Answer 5

Property may be damaged if it suffers permanent or temporary physical harm or impairment to its use or value.
R v Archer

Fire damage involves burning or charring. However, the property does not need to be set alight; melting, blistering of paint or significant smoke damage may be sufficient.

Question 6

.2 Damages by means of Explosive

Answer 6

Property may be damaged if it suffers permanent or temporary physical harm or impairment to its use or value.
R v Archer

Any substance or substances in it’s normal state capable of decomposition at such rapid rate as to result in an explosion or pyrotechnic effect.
Sec. 2, Arms Act 1983

Question 7

.3 Any property

Answer 7

Includes real or personal property, and any estate or interest in any property including money, electricity and any debt.
Sec. 2, Crimes Act 1961

Question 8

.4 If he or she knows

OR

Ought to know that danger to life is likely to ensue

Answer 8

Knowing means correctly believing… where the belief must be a correct one.
Simester and Brookbanks

“Life” in this context means human life, and the danger must be to the life of someone other than the defendant.