Offences and Case Law

Question 1

Section 267 (1)(a)

Offence
Ingredients

Answer 1

Arson

-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

Section 267(1)(b)

Answer 2

Arson

-intentionally OR recklessly
-and without claim of right
-damages by fire OR by means of any explosive
-any immovable property, or any vehicle, ship or aircraft
-in which that person has no interest

Question 3

Section 267(1)(c)

Answer 3

-intentionally
-damages by fire OR by means of any explosive
-any immovable property, or any vehicle, ship or aircraft
-with intent to obtain any benefit, or to cause loss to any other person

Question 4

Section 267(2)(a)

Answer 4

Arson, other property, no interest

-intentionally OR recklessly
-without claim of right
-damages by fire OR by means of any explosive
-any property
-in which that person has no interest (other than property referred to in (1)

7 years

Question 5

Section 267(2)(b)

Answer 5

Arson (other property, loss/benefit

-intentionally OR recklessly
-damages by fire OR by means of any explosive
-any property (other than in (1))
-with intent to obtain any benefit, OR with intent to cause loss to any other person

Question 6

Sectio 267(3)

Answer 6

Arson, reckless disregard safety of others property
-intentionally
-damages by fire OR by means of any explosive
-any property
-with reckless disregard for the safety of any other property

5years

Question 7

Section 268

Answer 7

Attempted Arson

-everyone who
-attempts to commit arson
-in respect of any immovable property, or any vehicle, ship, aircraft

Question 8

Section 269(1)

Answer 8

Intentional Damage, danger to life

-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 9

Section 269(2)(a)

Answer 9

Intentional Damage, no interest

-intentionally OR recklessly
-without claim of right
-destroys OR damages
-any property
-in which that person has no interest

Question 10

Section 269(2)(b)

Answer 10

Intentionally Damage, benefit/loss

-intentionally OR recklessness
-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 11

Section 269(3)

Answer 11

Intentional Damage

-intentionally OR recklessly
-destroys OR damages any property
-with reckless disregard for the safety of any other property

Question 12

Cameron v R

Answer 12

Recklessly

Recklessness is established if:
(a) the defendant recognised that there was a real possibility that
i) his or her actions would bring about the proactive result AND/OR
ii) that the proscribed circumstances existed; AND
(b) having regard to that risk those actions were unreasonable

Question 13

R v Archer

Answer 13

Damage

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

Question 14

R v Morley

Answer 14

Cause loss

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

Question 15

R v Harpur

Answer 15

Attempts

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 considered in it entirety. Considering how much remains to be done is always relevant, though not determinative