arson Flashcards
(17 cards)
what is arson
intentional and unlawful use of fire to destroy or damage another property
whats the first element of arson
element 1: accused damaged or destoryed the property by fire
what is element 1 of arson ( accused damaged or destroyed the property by fire)
prosecution must prove:
accused used fire to destroy or damage property including animals
what is element 2 of arson
property belonged to another person
what is element 3 of arson
accused purposely destroyed or damaged property by using dire knowing damage it would cause
what is element 4 of arson
accused had no lawful excuse to damage property
general defences to arson
metal impairment, duress , sudden emergency
possible sanctions : maximum penalty
15 years imprisonment or fine or 1800 penalty units
whats the first factor that determines the length of imprisonment
nature and gravity: higher sentence for recklessness of offenders actions ( starting fire in petrol station)
whats the second factor that determines the length of imprisonment
offenders conduct after committing offence: increase seriousness of offending by reacting in heartless way ( not assisting injured)
Whats the third factor that determines the length of imprisonament
impact of offending on victims:
when sentencing offender they consider the damage
whats the fourth factor that determines the length of imprisonment
offenders personal circumstances:
mental health, previous convictions, personal history
whats the fifth factor that determines the length of imprisonment
is offender pleads guilty the judge must impose a less severe sentence
what are the trends/statistics of arson
in 2021-2022 90% of offenders were male , 76% were between ages 25 and 54 years old
what is the impact of arson on victim and family
loss of life/property/animals
cost of rebuilding
what is the impact of arson on community
loss of public property and infastructure
loss of trust
what is the impact of arson on family
medical treatment and costs
legal costs
