Arson S267 Flashcards
Arson
S267 (1)(a)
Section / Act / Elements
Arson
Crimes Act 1961
Section 267 (1)(a)
14 Years
- Everyone who
- Intentionally or recklessly
- Damages by fire or by means of explosive
- Any property
- If he or she knows or ought to know that danger to life is likely to ensue
Arson
S267 (1)(b)
Section / Act / Elements
Arson
Crimes Act 1961
Section 267 (1)(b)
14 Years
- Everyone who
- Intentionally or recklessly
- And without claim of right
- Damages by fire or by means of any explosive
- Any immovable property, or any vehicle, ship or aircraft
- In which that person has no interest
Arson
S267 (1)(c)
Section / Act / Elements
Arson
Crimes Act 1961
Section 267 (1)(c)
14 Years
- Everyone who
- Intentionally
- Damages by fire or by means of any explosive
- Any immovable property, or any vehicle, ship or aircraft
- With intent to obtain any benefit or to cause loss to any other person
Arson
S267 (2)(a)
Section / Act / Elements
Arson
Crimes Act 1961
Section 267 (2)(a)
7 Years
- Everyone who
- Intentionally or recklessly
- And without claim of right
- Damages by fire or by means of explosive
- Any property (other than property referred to in subsection 1)
Arson
S267 (2)(b)
Section / Act / Elements
Arson
Crimes Act 1961
Section 267 (2)(b)
7 Years
- Everyone who
- Intentionally or recklessly
- Damages by fire or by means of explosive
- Any property (other than property referred to in subsection 1)
- With intent to obtain any benefit or with intent to cause loss to any other person
Arson
S267(3)
Act / Section / Elements
Crimes Act 1961
Section 267(3)
5 Years
- Everyone who
- Intentionally
- Damages by fire or by means of explosive
- Any property
- With reckless disregard for the safety of any other property
D - Intent
In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.
CL - R v Collister
The offenders intent may be inferred through the offenders words, actions and nature of the act itself.
D - Recklessness
Consciously and deliberately taking an unjustifiable risk.
CL - Cameron v R
Recklessness is established if:
a) The defendant recognised that there was a real possibility that:
i) His or her actions would bring about the proscribed result; and/or
ii) That the proscribed circumstances existed; and
b) Having regard to that risk those actions were unreasonable.
S/O Recklessness Test
Subjective - The defendant consciously and deliberately ran a risk.
Objective - The risk was one that was unreasonable to take in the circumstances as they were known to the defendant.
D - Damage
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.
CL - R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
D - Fire
Process of combustion. A chemical reaction between fuel and oxygen, triggered by heat. For a fire to start or continue, all three elements must be present in the correct proportions.
D - Explosive
Act / Section / Definition
Arms Act 1983
Section 2
Any substance or moisture 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.
Includes: gun powder, dynamite, fog signals, rockets, detonators and ammunition.
Does not include: firearm or fireworks.
D - Property
Act / Section / Definition
Crimes Act 1961
Section 2
Includes any 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.
CL - Simester and Brookbanks
Knowing means knowing or correctly believing. The defendant may believe something wrongly but cannot know something that is false.
S/O Degree of Knowledge Test
S - What was the defendant thinking at the time?
O - What would a reasonable person have thought in the circumstances?
D - Life
Life in this context means human life, and the danger must be to the life of someone other than the defendant.
D - Claim of right
Act / Section / Definition
Crimes Act 1961
Section 2
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. May be based on ignorance or mistake of fact.
Nature of belief required for COR (4 steps)
- Belief must be a belief in a proprietary or possessory right in property.
- Belief must be about rights to the property in relation to which the offence is alleged to have been committed.
- Belief must be held at the time of the conduct alleged to constitute the offence.
- Belief must actually be held by the defendant.
D - Immovable property
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.
D - Vehicle
Act / Section / Definition
Land Transport Act 1998
Section 2
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
Includes: Hovercraft, skateboard, roller skates.
Does not include: Pushchair, shopping trolley, wheelbarrow, push lawnmower, manual wheelchair.
D - Ship
Act / Section / Definition
Crimes Act 1961
Section 2
Every description of vessel used in navigation, however propelled.
Includes: Barge, dinghy, raft or like vessel, ship belonging to armed forces of any country.
