Arson Liabilities

Question 1

Arson Section 267(1)(a) - Act, section, elements

Answer 1

• Intentionally or Recklessly
• Damages by fire or damages by means of any explosive
• Any property
• If he or she knows or ought to know that danger to life is likely to ensue.

Question 2

Arson Section 267(1)(b) - Act, section, elements

Answer 2

• 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 3

Arson Section 267(1)(c) - Act, section, elements

Answer 3

• Intentionally
• Damages by fire or damages by means of any explosive
• Any immovable property or vehicle or ship or aircraft
• With intent
• To obtain any benefit or cause loss to any other person.

Question 4

Attempted Arson Section 268 CA1961 - Act, Section, Elements, Term of Imprisonment

Answer 4

Attempted Arson Section 268 CA1961 - 7 years imprisonment.

• A person
• Attempts to commit arson
• in respect of any immovable property or any vehicle, ship, aircraft

Question 5

R v Archer

Answer 5

Property damage may be temporary or permanent physical harm and includes impairment of its use or value.

Question 6

R v Morley

Answer 6

Loss is assessed by the extent to which the complainant’s position is impaired or diminished by the offending.

Question 7

Define attempts

Answer 7

Section 71 CA1961
Any act or omission, beyond mare preparation, with intent to commit an offence. Must be sufficiently proximate to the intended offence.

Question 8

R v Harpur

Answer 8

An attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in the commission of the crime.

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. Considering how much remains to be done is always relevant, thought not determinative.

Question 9

Define Sufficiently Proximate in relation to attempts

Answer 9

The offenders’ actions must be sufficiently proximate to the offense. The defendant must have gone beyond mare preparation and taken a real and practical step towards the actual commission of the crime.