Liability 267(1)(c)

Question 1

Arson (1)(c)

Section and Penalty

Answer 1

Section 267(1)(c) Crimes Act 1961

14 Years Imprisonment

Question 2

Arson (1)(c)

Ingredients

Answer 2

.1 Intentionally
OR
Recklessly

.2 Damages by fire
OR
Damages by means of explosive

.3 Any immovable property
OR
Vehicle
OR
Ship
OR 
Aircraft

.4 With intent to obtain any benefit
OR
Cause loss to any other person

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 immovable property

Answer 7

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

Question 8

.3 Any vehicle

Answer 8

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

Question 9

.3 Any ship

Answer 9

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

Question 10

.3 Any aircraft

Answer 10

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

Question 11

.4 With intent to obtain any benefit

Answer 11

Intent

Obtain:
Means obtain or retain for himself or herself or any other person.
Sec. 217, Crimes Act 1961

Benefit:
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration.
Sec. 267(4), Crimes Act 1961

Question 12

.4 With intent to cause loss to any other person

Answer 12

Intent

Loss… is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.
R v Morley

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

Person incorporates companies and other organisations.
Sec. 2, Crimes Act 1961