Arson

Question 1

R v ARCHER

Answer 1

Property is damaged if it suffers, permanent or temporary impairment of its use or value

Question 2

R v SMITH

Answer 2

Common sense requires the danger should be danger to life other than the setter of the fire

Question 3

R v WILSON

Answer 3

Cannot be convicted of arson as he had a tenancy for the property and an interest in the property

Question 4

R v MORLEY

Answer 4

Loss… Is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired

Question 5

Arson - Danger to Life

Answer 5

S. 267(1)(a) CA 1961

• intentionally or recklessly
• damages by fire or damages by means of any explosive
• Any property
• If he or she knows, or to know that danger to life is likely to ensue

Question 6

Arson - Vehicle/Immovable Property - No Interest

Answer 6

S. 267(1)(b) CA 1961

• 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 7

Arson - Cause Loss/Obtain Benefit

Answer 7

S. 267(1)(c) CA 1961

• 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