Liability 267(1)(b)

Question 1

Arson (1)(b)

Section and Penalty

Answer 1

Section 267(1)(b) Crimes Act 1961

14 Years Imprisonment

Question 2

Arson (1)(b)

Ingredients

Answer 2

.1 Intentionally
OR
Recklessly

.2 And without claim of right

.3 Damages by fire
OR
Damages by means of explosive

.4 Any immovable property or any vehicle, ship or aircraft in which that person has no interest

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 And without claim of right

Answer 5

Means the belief in a proprietary or possessory right in property to which the offence is alleged to have been committed.
Sec. 2, Crimes Act 1961

Question 6

.3 Damages by Fire

Answer 6

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 7

.3 Damages by means of Explosive

Answer 7

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 8

.4 Any immovable property or any vehicle, ship or aircraft in which that person has no interest

Answer 8

Immovable Property:
Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to move it.

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

OR

Vehicle:
Contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.
Sec. 2 Land Transport Act 1998

OR

Ship:
Every description of vessel used in navigation, however propelled.
Sec. 2, Crimes Act 1961

OR

Aircraft:
Any means that can derive support in the atmosphere from the reaction of the air.
Sec. 2, Civil Aviation Act 1990

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

Person:
Gender neutral. Proven by judicial notice or circumstantial evidence.