What is Crimes Act 1961 Section 267(1)(a)
Arson - Danger to life
What are the elements of Crimes Act 1961 Section 267 (1)(a)
- Intentionally OR Recklessly
- Damages by fire OR Damages by means of explosive
- Any property
- If he OR she knows OR ought to know that danger to life is likely to ensue
Definition of intent
Intent to commit the act and intent to get the specific result
What is the case law for intent
R v Collister
Intent involves a deliberate act to get a specific result.
The necessary intent is inferred from the circumstances
Collister = circumstances
Definition of recklessly
Acting recklessly involves the conscious and deliberate taking of an unjustified risk.
Whats the case law/s for recklessly
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 the proscribed results;
ii) That the proscribed circumstances existed; and
b) having regard to that risk those actions were unreasonable
R v Tipple
Recklessness requires that the offender knows of or has a conscious appreciation of the relevant risk and it may be said that it requires a deliberate decision to run the risk.
What is Section 267 (1)(b)
Arson - Vehicle/immovable property - No Interest
What are the elements of Section 267(1)(b) Crimes Act 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 in.
What is Section 267(1)(c), Crimes Act 1961
Arson - Cause loss or obtain benefit
What are the elements of Section 267(1)(c) Crimes Act 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.
What are the elements for Section 267(2)(a) Crimes Act 1961
- Intentionally OR Recklessly
- Without claim of right
- Damages by fire OR damages by means of any explosive
- Any property
- In which the person has no interest
What is Section 267(2)(a) Crimes Act 1961
Arson - Damages any property no interest
What is Section 267(2)(b) Crimes Act 1961
Arson - Damages property - Cause loss/Obtain benefit.
What is Section 268, Crimes Act 1961
Attempted arson.
Explain R v Archer
Property may be considered damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
Define explosive
Section 2(1), Arms act 1983 defines explosive as
any substance or mixture 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.
What would you charge with if a molotov cocktail / petrol bomb is used?
Damages by fire.
A molotov cocktail/petrol bomb is not an explosive, it is a way of starting a fire.
Define property
Section 2(1), Crimes Act 1961 defines property as
“Property includes 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”
What is immovable property
Something that is not easily moved. It relates to buildings, land and things growing on land, such as forests.
How do you establish “Knows or ought to know”
It involves a mix of the subjective and objective test as to the defendants degree of knowledge.
Subjectively - what was the defendant thinking at the time? Did they know human life was going to be in danger as a result of their actions?
Objectively - What would a reasonable person have thought in the same circumstances? Would a reasonable person have recognised the risk?
What is R v Smith about
‘Danger to life’
Common sense requires that ‘danger to life’ should be interpreted as “danger to the life of some person other than the setter of fire”
Define Claim of right
In relation to ANY act, means a belief at the time of the act in proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
Define Ship
Every description of a vessell used in navigation however propelled.
Define ‘Vehicle’
Equipped with wheels, tracks or revolving runners on which it moves or is moved.
includes hovercrafts, skateboards, in-line skates, roller skates.
