Arson

Question 1

267 (1)(a)

Answer 1

ARSON - DANGER TO LIFE
Intentionally or Recklessly
Damages by fire or damages by means of any explosive
Any property
If he or she ought to know
that danger to life is likely to ensue

Question 2

Intent - Def
CL

Answer 2

Deliberate Act - Specific Result

R v COLLISTER
Words/Actions before, during, after
Nature of Act
CIrcumstances

Question 3

Reckless

CL x 2

Answer 3

Cameron v R
Defendant recognised that there was a real possibility
His or her actions would bring a proscribed result
Proscribed circumstances existed
Having regard to that risk there actions were unreasonable

R v Tipple
Conscious appreciation of the relevant risk and make a “deliberate decision to run the risk”

Question 4

Damage CL

Answer 4

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

Question 5

Property

Answer 5

Section 2 of Crimes Act

Includes real and personal property

Question 6

R v Wilson

Answer 6

Tenancy in property constitutes an interest in it

Question 7

Reckless CL

Answer 7

Cameron v R
Defendant that there was a real possibility that
- there actions would bring about the proscribed result and/or
-the proscribed circumstances existed
And having regard to that risk those actions were unreasonable

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 8

Vehicle

Answer 8

Section 2(a) LTA

A contrivance equipped with wheels on which it moves

Question 9

Without claim of right

Answer 9

Belief at the time of the act to a proprietary or possessory right in property

Question 10

Danger to life CL

Answer 10

R v SMITH

common sense requires that ‘danger to life’ should be interpreted as ‘danger to the life of some person other than the setter of the fire’

Question 11

Loss CL

Answer 11

R v Morley

Loss is assessed by the extent to which the complaints position prior to the (Arson) has been diminished or impaired

Question 12

267(1)(b)

Answer 12

ARSON - Immovable Property
Intentionally or Recklessly
Without claim of right
Damages by fire or damages by means of any explosive
Any immovable property or vehicle
In which that person has no interest

Question 13

267(1)(c)

Answer 13

ARSON (Obtain Benefit/Cause Loss)
Intentionally
Damages by fire or damages by means of any explosive
Any immovable property or vehicle
With Intent
To obtain any benefit or to cause loss to any other person