Offences, sections, ingredients & case law

Question 1

ARSON - Danger to Life

Answer 1

Section 267(1)(a)
- Intentionally OR Recklessly
- Damages by Fire OR Damages by means of explosive
- Any property
- If he or she knows or ought to know that danger to life is likely to ensue

Question 2

ARSON - Immovable Property - No Interest

Answer 2

Section 267(1)(b)
- Intentionally OR Recklessly
- Without claim of right
- Damages by Fire OR Damages by way of explosive
- Any immovable property/vehicle/ship/aircraft
- In which that person has no interest

Question 3

ARSON - Cause Loss OR Obtain Benefit

Answer 3

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

Question 4

INTENTIONAL DAMAGE - Danger to Life

Answer 4

Section 269(1)
- Intentionally OR Recklessly
- Destroys OR Damages
- Any Property
- If he or she knows OR ought to know that danger to life is likely to ensue

Question 5

INTENTIONAL DAMAGE - Property - No interest

Answer 5

Section 269(2)(a)
- Intentionally OR Recklessly
- Without claim of right
- Destroys OR Damages
- Any Property
- In which that person has no interest in it

Question 6

INTENTIONAL DAMAGE - Property - Interest

Answer 6

Section 269(2)(b)
- Intentionally OR Recklessly
- Without claim of right
- Destroys OR Damages
- Any Property
- With intent
- To obtain any benefit OR cause loss to any person

Question 7

Cameron v R (Recklessness)

Answer 7

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

Question 8

R v Wilson (Person has no interest)

Answer 8

Tenancy of a property constitutes an interest in it.

Question 9

R v Tipple (Recklessness)

Answer 9

A deliberate decision to run the risk.

Question 10

R v Archer (Damages by Fire)

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

R v Morley (Cause Loss)

Answer 11

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