Arson

Question 1

What are the elements of Arson (danger to life)?

Answer 1

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

Question 2

What does R v Archer say about property damage?

Answer 2

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value

Question 3

What are the elements of arson (vehicle/immovable property - no interest)?

Answer 3

• 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 4

Does a tenant ‘have interest’ in a property?

Answer 4

Yes - R v Wilson

Question 5

What are the elements of arson (cause loss or obtain benefit)?

Answer 5

• 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 6

How is ‘benefit’ defined in regards to arson?

Answer 6

Benefit means any benefit, pecuniary advantage, privilege, property, service or valuable consideration