Arson Flashcards
What are the Ingredients for Arson
Section 267 Crimes Act 1961
Arson
Section 267(1)(a) Crimes Act 1961
14yrs
- Intentionally or recklessly
- Damages by fire or by means of any explosive
- Any property
- If he or she knows or ought to know that danger to life is likely to ensue
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Arson
Section 267(1)(b) Crimes Act 1961
14yrs - Intentionally or recklessly
- Without Claim of right
- Damages by fire or by means of any explosive
- Any immovable property, Vehicle, Ship or Aircraft - VISA
- In which that person has no interest
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Arson
Section 267(1)(c) Crimes Act 1961
14yrs - Intentionally
- Damages by fire or by means of any explosive
- Any immovable property, or Vehicle, Ship or Aircraft
- With intent to obtain
- Any benefit, or to cause loss
- To any other person
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What are the ingredients for
Attempted Arson
Section 268 - Crimes Act 1961
Attempted arson
Section 268 Crimes Act 1961
10 years
Every one is liable to imprisonment for a term not exceeding 10 years who attempts to commit arson in respect of any VISA.
Explain R v Harney
Explain R v Archer
R v HARNEY
Foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk
R v ARCHER
Property may be damaged if it suffers permanent or temporary physical harm or Permanent or Temporary Impairment of its use or vaule.
Definition
- Intent and R v Mohan
- Recklessness
INTENT
A person does something “intentionally” if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it.
R v MOHAN
Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence …”
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RECKLESSNESS
Recklessly involves consciously and deliberately taking an unjustifiable risk.
It must be proved not only that the defendant was aware of the risk and proceeded regardless (a subjective test), but also that it was unreasonable for him to do so (an objective test).
Definition for
- Damages by fire
- Danger to Life
- Explosive (Sect 2 -Arms Act 1983 )
DAMAGES BY FIRE
Widens the scope of arson to include situations where property is damaged by fire but no necessarily set alight. For example: Heat damage, melting, oxidation and smoke damage.
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The prosecution must prove that the specified property has been “damaged” by fire or explosive as a result of the defendant’s actions.
Although fire damage will often involve burning or charring, it is NOT NECESSARY that the property is ACTUALLY SET ALIGHT Melting, blistering of paint or significant smoke damage may be sufficient.
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DANGER TO LIFE
“Life” in this context means human life, and the danger must be to the life of SOMEONE OTHER THAN DEFENDANT
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EXPLOSIVE
Means any SUBSTANCE or MIXTURE or COMBINATION OF SUBSTANCES which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect; and
Definition
- Property
- Knows/Ought to know
- Claim of Right
PROPERTY
Property includes real and personal property, and any estate or interest in any real or personal property, [money, electricity,] and any debt, and any thing in action, and any other right or interest
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KNOWS OR OUGHT TO KNOW
The fact that the defendant knowingly puts another person’s life at risk is an aggravating factor that brings the offending within s267(1).
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CLAIM OF RIGHT
claim of right, in relation to any act, means a belief
- at the time of the act in a proprietary or possessory right in property
- in relation to which the offence is alleged to have been committed,
- although that belief may be based on ignorance or mistake of fact or of any matter of law
- other than the enactment against which the offence is alleged to have been committed
Definition of
- Immovable Property
- Vehicle
- Ship
- Aircraft
IMMOVABLE PROPERTY
“immovable”In general, it relates to buildings and land and things growing on land, such as forests.
Property will be considered immovable if it is CURRENTLY FIXED IN PLACE and UNABLE TO BE MOVED, even though it may be possible to make it movable.
Therefore, for example, a relocateable building which is currently fixed to foundations is “immovable” even if, with the expenditure of labour, it could be released from its foundations and transported elsewhere.
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VEHICLE - Sect 2 LTSA 1998
Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.
Includes a hovercraft, a skateboard, in-line skates, and roller skates.. NOT pushchair, lawnmower, furniture, trundler.
SHIP
Ship means every description of vessel USED IN NAVIGATION, however propelled; and includes any barge, lighter, dinghy, raft, or like vessel; and also includes any ship belonging to or used as a ship of the armed forces of any country
AIRCRAFT - Civil Aviation 1990
Aircraft means any machine that can DERIVE SUPPORT IN THE ATMOSPHERE from the reactions of the air otherwise than by the reactions of the air against the surface of the earth
Definition
- Interest
- Obtain
- Benefit
- Causes Loss
INTEREST
No claim or interest in
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OBTAIN - Section 217 CA1961
obtain, in relation to any person, means obtain or retain for himself or herself or for any other person.
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BENEFIT - Section 267(4) CA1961
In this section and in section 269, benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.
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CAUSES LOSS
The term “loss” is not defined by statute, but in most cases will involve financial detriment to the victim.
In R v Morley, a deception case, the Court of Appeal reviewed the nature of loss and held that criminality COULD ONLY ARISE FROM DIRECT LOSS; indirect losses such as expectation loss (loss of a bargain) and loss of anticipated future profits are not included.
