Offence

Question 1

Elements of arson (1)(a)

Answer 1

Section 267(1)(a) - 14
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

Elements of arson (1)(b)

Answer 2

Section 267(1)(b) - 14
Intentionally or recklessly
Without claim of right
Damages by fire or by means of any explosive
Any immovable property or any vehicle or ship or aircraft
In which the person has no interest

Question 3

Elements of arson (1)(c)

Answer 3

Section 267 (1)(c) - 14
Intentionally
Damages by fire or by means of any explosive
Any immovable property or any vehicle or ship or aircraft
With intent to obtain any benefit or to cause loss to any other person

Question 4

Elements of arson (2)(a)

Answer 4

Section 267 (2)(a) - 7
Intentionally or recklessly
Without claim of right
Damages by fire or by any means of any explosive
Any property in which that person has no interest (other than property referred to in subsection 1)

Question 5

Elements of arson (2)(b)

Answer 5

Section 267(2)(b) - 7
Intentionally or recklessly
Without claim of right
Damages by fire or by means of any explosive
Any property (other than property referred to in subsection 1)
With intent to obtain any benefit or with intent to cause loss to any other person

Question 6

Elements of arson (3)

Answer 6

Section 267(3) - 5
Intentionally or recklessly
Damages by fire or by means of any explosive
Any property
With reckless disregard for the safety of any other property

Question 7

Intent

Answer 7

To do a deliberate act to get a specific result.
R v Collister:
- The offenders actions/words before, during and after the event
- The surrounding circumstances
- The nature of the act itself

Question 8

Cameron v R

Answer 8

Recklessness is established if:
a) the defendant recognised that there was a real possibility that:
- his or her actions would bring about a proscribed result and/or
- that the proscribed circumstances existed
b) having regard to that risk those actions were unreasonable

Question 9

Proving recklessness

Answer 9

1. That the defendant consciously and deliberately ran a risk (subjective)
2. That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (objective)

Question 10

R v Archer

Answer 10

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value

Question 11

Fire

Answer 11

Result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat

Question 12

Explosive

Answer 12

Means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect.

Question 13

Property

Answer 13

Includes any real or personal property and any estate or interest in any real or personal property and any debt and any thing in action and any other right or interest.

Question 14

Knows or ought to know

Answer 14

Mixed subjective and objective test.
- What was the defendant thinking at the time?
- Did the defendant know that human life was likely to be endangered by his actions?
- What would a reasonable person have thought in the circumstances?

Question 15

Danger to life

Answer 15

Danger must be to the life of someone other than the defendant.

Question 16

Claim of right (4 beliefs)

Answer 16

1. Belief must be in a proprietary or possessory right in property.
2. Belief must be about the rights to the property in relation to which the offence is alleged to have been committed.
3. Belief must be held at the time of the conduct alleged to constitute the offence.
4. Belief must be actually held by the defendant.

Question 17

Immovable property

Answer 17

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 18

Vehicle

Answer 18

Means a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.

Question 19

Tenancy and interest

Answer 19

1. Where the Crown alleges that the damage by fire is intentional a tenant may be convicted if he or she caused loss to any other person.
2. Where the Crown alleges that the damage by fire is either intentional or reckless a tenant may be convicted if he or she knew that danger to life was likely to ensue.
3. A tenant otherwise cannot be convicted of recklessly damaging the tenanted property by fire.

Question 20

Obtain

Answer 20

Means to obtain or retain for himself or herself or for any other person.

Question 21

Benefit

Answer 21

Means any benefit, pecuniary advantage, privilege, property, service or valuable consideration.

Question 22

R v Morley

Answer 22

Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.

Question 23

Person

Answer 23

Includes real people and companies/organisations.

Question 24

Elements of attempted arson

Answer 24

Section 268 - 10 years
Attempts to
Commit arson
In respect of any immovable property or any vehicle, ship or aircraft

Question 25

Attempts

Answer 25

• Intended to commit the full offence (arson)
• Take a real and substantial step towards achieving that aim (sufficiently proximate to the offence)

Question 26

R v Harpur

Answer 26

The Court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. The defendant’s conduct may be considered in its entirety. Considering how must remains to be done is always relevant though not determinative.

Question 27

Elements of intentional damage (1)

Answer 27

Section 269 - 10 years
Intentionally or recklessly
Destroys or damages any property
If he or she knows or ought to know that danger to life is likely to result

Question 28

Elements of intentional damage (2)(a)

Answer 28

Section 269 (2)(a) - 7 years
Intentionally or recklessly
Without claim of right
Destroys or damages any property
In which that person has no interest

Question 29

Elements of intentional damage (2)(b)

Answer 29

Section 269 (2)(b) - 7 years
Intentionally or recklessly
Without claim of right
Destroys or damages any property
With intent to obtain any benefit or with intent to cause loss to any other person

Question 30

Elements of intentional damage (3)

Answer 30

Section 269 (3) - 7 years
Intentionally or recklessly
Destroys or damages any property
With reckless disregard for the safety of any other property