ARSON - Legislation

Question 1

ARSON (1)(a)

Answer 1

ARSON s267(1)(a) CA61 – Penalty 14 years

• Intentionally OR Recklessly

R v MOHAN

R v WAAKA

R v HARNEY

• Damages by fire OR Damages by means of any explosive

R v ARCHER

• Any property
• Knowing or ought to know danger to life is likely to ensue

Simester and Brookbanks: Principles of Criminal Law

Question 2

ARSON (1)(b)

Answer 2

ARSON s267(1)(b) CA61 – Penalty 14 years

• Intentionally OR Recklessly

R v MOHAN

R v WAAKA

R v HARNEY

• And without claim of right
• Damages by fire OR Damages by means of explosive

R v ARCHER

• Any immovable property OR Vehicle OR Aircraft OR Ship
• In which that person has no interest

Question 3

ARSON (1)(c)

Answer 3

ARSON s267(1)(c) CA61 – Penalty 14 years

• Intentionally

R v MOHAN

R v WAAKA

• Damages by fire OR Damages by means of explosive

R v ARCHER

• Any immovable property OR Vehicle OR Aircraft OR hip
• With intent to obtain any benefit OR to cause loss to any person

R v MOHAN

R v WAAKA

R v MORLEY

Question 4

ARSON (2)(a)

Answer 4

ARSON s267(2)(a) CA61 – Penalty 7 years

• Intentionally OR Recklessly

R v MOHAN

R v WAAKA

R v HARNEY

• And without claim of right
• Damages by fire OR Damages by means of explosive

R v ARCHER

• Any property in which that person has no interest (other than property listed in section 267(1))

Question 5

ARSON (2)(b)

Answer 5

ARSON s267(2)(b) CA61 – Penalty 7 years

• Intentionally OR Recklessly

R v MOHAN

R v WAAKA

R v HARNEY

• Damages by fire OR Damages by means of explosive

R v ARCHER

• Any property (other than property referred to in 267(1))
• With intent to obtain any benefit OR to cause loss to any person

Question 6

ATTEMPTED ARSON

Answer 6

ATTEMPTED ARSON – s268 CA 61

Everyone is liable to a term of imprisonment not exceeding 10 years who

• attempts to
• commit arson in respect of any
• immovable property or any vehicle, ship or aircraft.

Question 7

INTENTIONAL DAMAGE

Answer 7

S269 CA61 - Intentional damage

(1) Every one is liable to imprisonment for a term not exceeding 10 years who
intentionally or recklessly destroys or damages any property if he or she knows or
ought to know that danger to life is likely to result.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who –
(a) intentionally or recklessly, and without claim of right, destroys or damages any
property in which that person has no interest; or

(b) intentionally or recklessly, and without claim of right, destroys or damages any
property with intent to obtain any benefit, or with intent to cause loss to any
other person.

(3) Every one is liable to imprisonment for a term not exceeding 7 years who intentionallydestroys or damages any property with reckless disregard for the safety of any other property.