Liability 267(2)(a) Flashcards
Arson (2)(a)
Section and Penalty
Section 267(2)(a) Crimes Act 1961
7 Years Imprisonment
Arson (2)(a)
Ingredients
.1 Intentionally
OR
Recklessly
.2 And without claim of right
.3 Damages by fire
OR
Damages by means of explosive
.4 Any property (other than property listed in section 267(1)) in which that person has no interest
.1 Intentionally
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.
.1 Recklessly
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
.2 And without claim of right
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
.3 Damages by Fire
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.
.3 Damages by means of Explosive
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
.4 Any property (other than property listed in section 267(1)) in which that person has no interest
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
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.
