Arson - Property (no interest) (obtain benefit/cause loss)(reckless disregards)

Question 1

Name the Section, Act, Penalty of Arson - Property (no interest)

Answer 1

Arson - Property (no interest)
Section 267(2)(a) C.A. 1961
7 Years

Elements:
Intentionally or Recklessly
And without claim of right
Damages by Fire or Damages by means of any explosive
Any Property (other than immovable property, vehicles, ships or aircrafts)
In which that person has no interest

Question 2

Name the Section, Act, Penalty of Arson - Property (obtain benefit or cause loss)

Answer 2

Arson - Property (obtain benefit)
Section 267 (2)(b) C.A. 1961
7 Years

Elements:
Intentionally or Recklessly
Damages by Fire or Damages by means of any explosive
Any Property
With intent to obtain any benefit or cause loss to any other person

Question 3

Name the Section, Act, Penalty of Arson - Reckless disregard for property

Answer 3

Arson - (Reckless disregard for safety of property)
Section 267(3) C.A. 1961
5 Years

Elements :
Intentionally or Recklessly
Damages by Fire or Damages by means of any explosive
Any Property
With reckless disregard for the safety of any other property

Question 4

What must be proved when it comes to reckless disregard?

Answer 4

Must be proved that the offender INTENDED to damage some property, recognising that there was a risk of damaging other property as a consequence but proceeding regardless of that risk.

Question 5

Attempted Arson - Section, Act, Penalty, Elements

Answer 5

Attempted Arson
Section 268 C.A. 1961
10 Years

Elements:
Every person
Who attempts to commit Arson
In respect of any immovable property, vehicle, ship or aircraft

Question 6

What must a person do to be guilty of an attempt?

Answer 6

• Intent to commit the offence
• take a real substantial step towards achieving that aim
  Must have progressed past the stage of preparation and commenced a process intended to lead to the commission of the offence.

Question 7

What must the Crown prove in relation to an attempt?

Answer 7

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

Real practical step towards committing the offence

Question 8

Explain Sufficiently Proximite

Answer 8

The court will analyse the defendants conduct at the relevant time in conjunction with evidence of their intent based on the circumstances leading up to that point.

Question 9

R v Harpur

Answer 9

Have regard to the conduct viewed cumulatively up till the point the conduct in question stops…..the defendants conduct may be considered in its entirety. Considering how much remains to be done, is always relevant but not determinative.

Question 10

Name SIX examples of acts that may constitute as an attempt

Answer 10

1. Lying in wait, searching or following of a potential victim
2. Enticing the victim to go to the scene of the contemplated crime
3. Reconnoitiring the scene of the contemplated crime
4. Unlawful entry of a structure
5. Possession, collection or fabrication of materials to be employed in the commission of the crime
6. Soliciting an innocent agent to engage in conduct constituting an element of the crime.

Question 11

Intentional Damage - s269(1) C.A. 1961

Answer 11

10 Years
Elements:
Intentionally or Recklessly
Destroys or Damages
Any Property
If he or she knows or ought to know danger to life is likely to ensue

Question 12

Intentional Damage - s269(2)(a) C.A. 1961

Answer 12

7 Years
Elements:
Intentionally or Recklessly
And without claim of right
Destroys or Damages
Any Property
In which that person has no interest

Question 13

Intentional Damage - s269(2)(b) C.A. 1961

Answer 13

7 Years
Elements:
Intentionally or Recklessly
Destroys or Damages
Any Property
With intent to obtain any benefit or
With intent to cause loss to any other person

Question 14

Intentional Damage - s269 (3) C.A. 1961

Answer 14

5 Years
Elements:
Intentionally
Destroys or Damages
Any Property
With reckless disregard for the safety of any other property