Day 3: Arson

Question 1

Arson (Danger to life)

Section and Elements

Answer 1

Section 267 (1) (a)

• Intentionally or Recklessly
• Damages by fire or
  Damages 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

R v Archer

Answer 2

Damage to property:

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

Question 3

Danger to life in the context of arson

Answer 3

“life” in this context means human life, and the danger must be to the life of someone other than the defendant

Question 4

Arson (Vehicle/Immovable property - no interest)

Section and Elements

Answer 4

Section 267 (1) (b)

• Intentionally or Recklessly
• Without claim of right
• Damages by fire or Damages by means of any explosive
• Any immovable property or vehicle or ship or aircraft
• In which that person has no interest

Question 5

R v Wilson

Answer 5

Interest in property:

Tenancy of a property constitutes an interest in it

Question 6

Arson (cause loss or obtain benefit)

Sections and Elements

Answer 6

Section 267 (1) (c)

• Intentionally
• Damages by fire or Damages by means of any explosive
• Any immovable property or vehicle or ship or aircraft
• With intent to obtain any benefit or cause loss to any other person

Question 7

Morley V R

Answer 7

Cause loss

The loss alleged by the victim must have been induced by, or cause in reliance upon the deception.

Question 8

Section 267 (1) (a)

Answer 8

Arson (Danger to life)

Question 9

Section 267 (1) (b)

Answer 9

Arson (Vehicle/Immovable property - no interest)

Question 10

Section 267 (1) (c)

Answer 10

Arson (Cause loss or obtain benefit)

Question 11

Intent Definition:

Answer 11

To commit the act and intend to get a specific result

Question 12

Case law for intent:

Answer 12

R v Collister

Circumstantial evidence from which an offender’s intent may be inferred can include:

• The offenders actions and words before, during and after the event
• The surrounding circumstances
• The nature of the act itself

Question 13

Case law for recklessly 1:

Answer 13

R v Cameron

Recklessness is established if:

(a) the defendant recognised that there was a real possibility that:

(i) his or her actions would bring about the proscribed result

(ii) that the proscribed circumstances existed

(b) having regard to that risk those actions were unreasonable

Question 14

Case law for recklessly 2:

Answer 14

R v Tipple

Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires a “deliberate decision to run the risk”

Question 15

Damages by fire definition:

Answer 15

Burning or charring, does not need to be set alight

Question 16

Damages by explosive definition:

Answer 16

A mixture or substance capable of decomposition at a rapid rate the results in explosion

Question 17

Danger to life definition:

Answer 17

Must be someone else’s life and must be human

Question 18

Immovable Property definition:

Answer 18

Fixed in place

Question 19

Vehicle definition:

Answer 19

A contrivance equipped with wheels, tracks or runners that are able to be moved

Question 20

Ship definition:

Answer 20

Vessel used in navigation

Question 21

Aircraft definition:

Answer 21

Derives support from the air

Question 22

Benefit definition:

Answer 22

Receiving property, service, valuable consideration or pecuniary advantage

Question 23

Loss definition:

Answer 23

Is not defined by statute but in most cases will include inancial detriment

Question 24

Danger to life case law:

Answer 24

R v Smith

Common sense require that ‘danger to life’ should be interpreted as “danger to the life of some person other than the setter of the fire”/

Question 25

The charge of arson requires the main 3 following elements to be proven:

Answer 25

• Damage to property
• By fire or explosives
• Either intention or
  recklessness

Question 26

What other additional elements needs to be proved to aggravate the offending of arson:

Answer 26

• knew (or ought to have
  known) that there was a
  likelihood of danger to
  life
• had no interest in the
  property
• had no claim of right
• had an intention to obtain any benefit or cause a loss