Arson - Arson where Offender has no Interest in Property

Question 1

Without Claim of Right

Answer 1

Claim of Right - Section 2, Crimes Act 1961
In relation to any act, means a belief at the time of the act in a propriety 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.

Question 2

Property

Answer 2

Property- Section 2, Crimes Act 1961
Considered immovable if it is currently fixed in place AND unable to be moved, even though it may be possible to make it movable.

Question 3

Interest

Answer 3

Courts have held that Tenancy of Property constitutes interest