Liability 267(2)(b)

Question 1

Arson (2)(b)

Section and Penalty

Answer 1

Section 267(2)(b) Crimes Act 1961

7 Years Imprisonment

Question 2

Arson (2)(b)

Ingredients

Answer 2

.1 Intentionally
OR
Recklessly

.2 Damages by fire
OR
Damages by means of explosive

.3 Any property (other than property listed in section 267(1))

.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 property (other than property listed in section 267(1))

Answer 7

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

.4 With intent to obtain any benefit

Answer 8

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 9

.4 With intent to cause loss to any other person

Answer 9

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