Liability - Arson 268 - Attempted Arson Flashcards
Section and Penalty
S268 CA61
10 Years Imp
Elements
Everyone is liable to a term of imprisonment not exceeding 10 years who attempts to commit arson in respect of any immovable property or any vehice, ship or aircraft
R v Harpur
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be viewed in its entirety. Considering how much remains to be done is always relevant though not determinative
Attempt
S72(1) CA61
Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.