Arson

Question 1

Elements, act and section to Arson (danger to life)

Answer 1

Section 267(1)(a)
Crimes Act 1961
- intentionally or recklessly
- damages by fire or damages by means of explosive
- any property
- if he or she ought to know that danger to life is likely to ensue

Question 2

Explain R v ARCHER

(ARcher = ARson)

Answer 2

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

Question 3

Define property and in what section

Answer 3

Section 2, Crimes Act 1961

Includes real property, estate or interest in an real or person property, and any debt

Question 4

Explain ‘danger to life’

Answer 4

Life must be that of a human being, and danger must be to another person other than the defendant

Question 5

Define explosive

Answer 5

Any substance, mixture or combination of substances which in its normal state is capable either of decomposition of such a rapid rate as to result in an explosion

Question 6

Define fire

Answer 6

Is a chemical reaction of oxygen and fuel, caused by heat

Question 7

Explain R v SMITH

Answer 7

Common sense requires that danger to lif should be interpreted as danger to the life of someone other than the fire setter

Question 8

Elements, act and section to Arson (vehichle/immovable property - no interest)

Answer 8

Section 267(1)(b)
Crimes Act 1961
- 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 9

Define immovable propety

Answer 9

Property that is currently fixed in place and unable to be moved.

Question 10

Explain without claim of right

Answer 10

Means a without the belief at the time of the act, had proprietary or possessory right in the property

Question 11

Explain R v WILSON

Answer 11

That tenancy of a property constitutes an interest in it.

A border paying rent has interest in a property.

Question 12

Define a vehicle

Answer 12

A contrivance equipped with wheels on which it moves

Question 13

Define a ship

Answer 13

Every description of a vessel used in navigation however propelled

Question 14

Define aircraft

Answer 14

Any machine that can derive support in the atmosphere from the reactions of the air

Question 15

Elements, act and section to Arson (cause loss or obtain benefit)

Answer 15

Section 267(1)(c)
Crimes Act 1961
- intentionally
- damagesbby fire or damages by means of explosive
- any immovable property, or vehicle, or ship, or aircraft
- with intent to obtain any benefit or cause loss to any other person

Question 16

What does benefit include?

Answer 16

Any benefit, pecuniary advatanage, privilege, property, service or valuable consideration.

Question 17

Explain R v MORLEY

Answer 17

Loss is assessed by the extent to which the offence has diminished or impaired the victims position. Relates to 267(1)(c) - cause loss or obtain benefit

Question 18

Elements, act and section to attempted Arson

Answer 18

Section 268
Crimes Act 1961
- attempts to commit Arson
- in respect to immovable property
- or any ship, vehicle, or aircraft