Arson (causes loss/obtain benefit)
CA
s267(1)(c)
- 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
Arson - (danger to life)
CA 61, s267(1)(a)
- 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
Arson (vehicle/imm prop/no interest)
CA
s267(1)(b)
- Intentionally OR Recklessly
- And without claim of right
- Damages by fireOR Damages by means of any explosive
- Any immovable property or any vehicle, ship or aircraft
- in which that person has no interest
Intent
Must be intention:
. To commit the act, and
. To get a specific result
Must be deliberate act.
Case Law- R v Collister Can be inferred from circumstantial evidence . Actions or words before,during, after . Surrounding . Nature of the act itself
Reckless
Cameron v R
R v Tipple - offender must know of or have q conscious appreciation of the relevant risk, and requires “a deliberate decision to run the risk”
R v Archer
Property mat be damaged if it suffers permanent or temporary physical harm or permenant or temporary impairment of its use or value
Fire
Combustion - chemical reaction between fuel and oxygen, triggered by heat
Explosive
Arms Act 1983
Immovable
Fixed in place and unable to be moved, even though it may be possible to make it moveable
Knows or ought to know - defendants degree of knowledge
Subjective test - what was the defendant thinking at the time? Did they know his actions would likely endanger life?
Insufficient… then ask..
Objective- what would a reasonable person have thought in the same circumstances? Would a reasonable person have recognized the risk?
Danger to life
Human life - danger must to be to someone other than the defendant
Likely to ensure
Defendant merely has to know there is a chance, or risk, of danger to life - is a form of recklessness rather than ateuxt knowledge
claim.of right
At the time of alleged offence, offender had a belief in possessory or proprietary right to property related to offence
Vehicle
Contrivance equipped with wheels, runners or tracks on which it moves
Ship
Vessel used in navigation, however propelled
Aircraft
Machine that can derive support in the atmosphere from reactions of the air
Interest in property
R v Wilson - tenancy of a property
