Arson

Question 1

Arson Section 267(1)(a) - Act, section, elements

Answer 1

• 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.

Question 2

Arson Section 267(1)(b) - Act, section, elements

Answer 2

• 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 3

Arson Section 267(1)(c) - Act, section, elements

Answer 3

• 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 4

Cameron v R

Answer 4

Recklessness is established if:

a. The defendant recognised that there was a real possibility that:
i. his or her actions would bring about the prescribed result
ii. The proscribed circumstances existed and
b. Having regard to that risk, those actions were unreasonable.

Question 5

Define damages by fire

Answer 5

Burning, charring or smoke damage, also includes heat damage, melting and oxidation.

Question 6

R v Archer

Answer 6

Property damage may be temporary or permanent physical harm and includes impairment of its use or value.

Question 7

Define Knows or Ought to know

Answer 7

Two part test:

1. What was the defendant thinking at the time? Did they know human life was likely to be endangered by their actions?
2. What would a reasonable person have thought in the circumstances.

Question 8

Define Immovable property

Answer 8

Property will be considered “immovable” if it is currently fixed in place, unable to be moved, even though it may be possible to make it movable

Question 9

Define Property

Answer 9

Property (s2 CA 1961) - Real and personal property, and any estate or interest in real or personal property – S2 CA61.

Question 10

Define Explosive

Answer 10

Substance or mixture capable of decomposition at a rapid rate that results in an explosion or pyrolitic effect.

It does not include any firewood as defined in section 2 of the Hazardous Substances and New Organisms Act 1996.

Question 11

Define Vehicle

Answer 11

Vehicle means, a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved - LTA98

Question 12

Define Benefit

Answer 12

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

Question 13

Define Loss

Answer 13

Financial detriment to the victim

Question 14

Define Fire

Answer 14

Fire is the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. For a fire to start all three must be present in the correct proportions.

Question 15

Define Intent

Answer 15

Deliberate act or omissions with intent to get a specific result, must be more than involuntary or accidental.

Question 16

R v Collister

Answer 16

Circumstantial evidence from which an offender’s intent may be inferred can include;

• their words and actions, before, during and after the event.
• The surrounding circumstances.
• The nature of the act itself.

Question 17

Define Recklessly

Answer 17

Consciously and deliberately taking an unjustified risk.

Question 18

Cameron v R

Answer 18

Recklessness is established if:

(a) the defendant recognised that there was a real possibility that:
(i) his or her action would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.

Question 19

R v Tipple

Answer 19

Reckless requires the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires “a deliberate decision to run the risk”.

Question 20

Proving Recklessness (Objective / Subjective test)

Answer 20

Subjective - The defendant consciously and deliberately ran a risk.

Objective - That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (based on whether a reasonable person would have taken the risk).

Question 21

R v Morley

Answer 21

Loss is assessed by the extent to which the complainant’s position is impaired or diminished by the offending.

Question 22

Define claim of right

Answer 22

A belief that at the time of the act, the offender either had a proprietary or possessory right to the property in question although it may be based on ignorance of law or fact

Question 23

Define Ship

Answer 23

Ship means any vessel used in navigation, however propelled.

Question 24

Attempted Arson Section 268 CA1961 - Act, Section, Elements, Term of Imprisonment

Answer 24

Attempted Arson Section 268 CA1961 - 7 years imprisonment.

• A person
• Attempts to
• commit arson
• in respect of any immovable property or any vehicle, ship, aircraft

Question 25

Define Attempts

Answer 25

Section 71 CA1961 Any act or omission, beyond mare preparation, with intent to commit an offence. Must be sufficiently proximate to the intended offence.

Question 26

R v Harpur

Answer 26

An attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in the commission of the crime. The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. Considering how much remains to be done is always relevant, thought not determinative.

Question 27

Define Sufficently Proximate in relation to attempts

Answer 27

The offenders' actions must be sufficiently proximate to the offense. The defendant must have gone beyond mare preparation and taken a real and practical step towards the actual commission of the crime.

Question 28

Define Obtain

Answer 28

To retain for oneself or any other person

Question 29

Define Loss

Answer 29

Financial detriment