Section 267(1)(a)
Arson - danger to life
- Intentionally
- Damaged by fire or damaged by means of any explosive
- Any property
- If he or she knows or ought to know that danger to life is likely to ensue
Section 267 (1)(b)
Arson (no interest)
- intentionally OR recklessly
- without claim of right
- damages by fire OR damages by means of explosive
- any immovable property OR vehicle OR ship OR aircraft
- in which that person has no interest
Section 267 (1)(c)
Arson - cause loss/obtain benefit
- intentionally
- damages by fire or damages by means of any explosive
- any immovable property or vehicle or shop or aircraft
- with intent
- to obtain any benefit or cause loss to any other person
Section 268
Attempted arson
Cameron v R
Recklessness
The defendant recognised there would be a real possibility that his or her actions wound bring about the proscribed result and/or
The proscribed circumstances existed and
Having regard to that risk those actions were unreasonable
R v Tipple
Recklessness
Requires the offender know of or have conscious appreciation of the relevant risk and it may be said that it requires “a deliberate decision to run the risk”
R v Archer
Property may be damage if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or vaiue
R v Morley
Loss is assessed but the extent to which the complainant’s position prior to the offence has been diminished or impaired
Fire
Result of process of combustion, a chemical reaction between fuel and oxygen triggered by heat
Vehicle
Contrivance equipped with wheels on which it moves
Ship
Vessel used in navigation
Aircraft
Aircraft for the time being used as an aircrafy
