Arson - Immovable Property (no interest)

Question 1

Arson - Immovable Property (no interest)
Section
Penalty

Answer 1

Arson
s267 (1)(c) C.A. 1961
14 Years

Question 2

Name the Elements of Arson Immovable Property (no interest)

Answer 2

Intentionally or Recklessly
And 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 3

Without Claim of Right

Answer 3

In relation to any act, means a belief at the time of act in the possessory or proprietary right to the property that the offence is alleged to have been committed against.

Nature of the Belief
- Ownership
- Justified in taking the property
- Held that belief at the time of the taking of the property
- Defendant must hold the belief.

Question 4

Any Immovable Property

Answer 4

Anything that is fixed, and cannot be moved. It could be moved with a lot of effort though (i.e. a house, or a building).

Question 5

Vehicle

Answer 5

A contrivance on wheels, or tracks, or revolving runners making it moveable

Question 6

Ship

Answer 6

A vessel used in navigation, however propelled.

Question 7

Aircraft

Answer 7

A machine that derives support from the atmosphere from its reactions to the air otherwise than by the reactions of the air against the surface of the earth

Question 8

In which that person has no interest

Answer 8

No interest = R v Wilson. Tenancy is considered an interest in that property as that person ‘lives there’.