Liability

Question 1

Arson

S267 (1)(a) CA 61

Answer 1

Arson
S267 (1)(a) CA 61
14 years imprisonment

Intentionally or recklessly
Damages by fire or by means of any explosive
Any property
If he or she knows or ought to know that danger to life is likely to ensue

Question 2

Arson

S267 (1)(b)

Answer 2

Arson
S267 (1)(b) CA 61
14 years imprisonment

Intentionally or recklessly,
And without claim of right,
Damages by fire or by means of any explosive
Any immovable property, or any vehicle,
In which that person has no interest

Question 3

Arson

S267 (1) (c)

Answer 3

Arson
S267 (1) (c) CA 61
14 years imprisonment

Intentionally
Damages by fire or by means of any explosive
Any immovable property or any vehicle
With intent to obtain any benefit or to cause loss to any other person.

Question 4

Arson

S267 (2)(a)

Answer 4

Arson
S267 (2)(a) CA 61
7 years imprisonment

Intentionally or recklessly
And without claim of right,
Damages by fire or by means of any explosive
Any property
In which that person has no interest

Question 5

Arson

S267 (2) (b)

Answer 5

Arson
S267 (2) (b) CA 61
7 years imprisonment

Intentionally or recklessly
Damages by fire or by means of any explosive
Any property
With intent to obtain any benefit or with intent to cause loss to any other person.

Question 6

Intentionally

Answer 6

Intent to do a deliberate Act
Intent to produce a specific result

R v Collister - Intent can be inferred from the circumstances

Circumstantial evidence that intent may be inferred

1. The offenders words and actions before, during and after the event
2. The surrounding circumstances
3. The nature of the act itself.

Question 7

Recklesslyl

Answer 7

Definition - Acting recklessly involves consciously and deliberately taking an unjustifiable risk

R v Harney - Recklessness means the conscious and deliberate taking of an unjustified risk.

Requires proof

1. Subjective test - The defendant consciously and deliberately ran a risk
2. Objective test - the risk was one that was unreasonable to take in the circumstances as they were known to the defendant.

Question 8

Damages by fire

Answer 8

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

Although fire damage will often involve burning or charring it is not necessary that the property is actually set alight. Melting, blistering of paint or significant smoke damage may be sufficient.

Question 9

Explosive defined

Answer 9

Explosive -means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect. and includes gun powder, gelignite and detonators but does not include fireworks and firearms.

Question 10

Property

Answer 10

includes real and tangible property

Question 11

Arson with danger to life _ knows or ought to know

Answer 11

Subjective test - what was the defendant thinking at the time? Did the defendant know that human life was likely to be endangered by his actions.

Question 12

Danger to life

Answer 12

Life means human life.

Question 13

Without claim of right

Answer 13

No proprietary or possessory right in the property. Tangible or intangible

Nature of belief required

1. No belief in ownership
2. Belief must be about the property in relation to the offence.
3. Belief must be held at the time of the offence.
4. The belief must be actually held by the defendant.

Question 14

Immovable Property

Answer 14

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

Question 15

Benefit

Answer 15

benefit means any benefit, pecuniary advantage, privilege, property, service or valuable consideration

Question 16

Cause loss

Answer 16

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

Question 17

Person

Answer 17

Johnny is the victim/offender in this matter. the fact that they are a person is generally accepted by judicial notice or proved by circumstantial evidence.

person not only includes real people but also companies and other organisations.

Question 18

Attempted Arson

S268 CA 61

Answer 18

Attempts to commit arson in respect of any immovable property or any vehicle, ship or aircraft.

The crown must prove that the defendant intended to commit the full act of arson AND acted as he or she did for the purpose of achieving that aim.

R v HARPUR - sufficiently proximate.