What are the elements of Arson s267(1)(a) Crimes Act 1961? Property
- 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
What are the elements of Arson s.267(1)(b)? Vehicle
- Intentionally OR recklessly
- Without claim of right (Proprietary right)
- Damages by fire OR damages by means of any explosive
- Any immovable property OR vehicle OR aircraft etc
- In which the person has no interest
What are the elements of Arson s267(1)(c)? Benefit/cause loss
- intentionally
- Damages by fire OR damages by means of any explosive
- Any immovable property OR vehicle OR ship etc
- With intention to obtain any benefit OR cause loss to any other person
Can include damage to defendants own property if it is done with attempt to obtain benefit- ie insurance payout
Define explosive:
Substance, mixture, gun powder requiring detonation or combustion. Molotov cocktail not classified as explosive as it involves fire and petrol
Define recklessness and relevant case Law:
Cameron V R.
Recklessness established if:
Defendant recognised there was a real possibility that his or her action would bring about the prescribed result and/or
That the proscribed circumstances existed and
Having regard to that risk those actions were unreasonable.
Would a reasonable person have taken the risk?
Define damage and relevant case law:
R v ARCHER
Mnemonic: archer with flaming arrow.
Property may be damaged if it suffers permanent or temporary physical or harm it per mental or temporary impairment of its use or value.
Toilet paper lit on fire and damage to sink where it became stained with soot resulted. ARCHER ended up being charged with attempted arson.
Define property:
Defined in section 2 of the crimes act 1961
Includes real and personal property, and any estate or interest in any real or personal property (money, electricity) and any debt and anything in action and any other right or interest
Only tangible property is capable of being damaged directly by fire or explosive
Intangible property may be damaged indirectly- eg files stored on a computer
In reference to Arson section 267(1)(b) what is immovable property?
Property considered immovable if it is currently fixed in place and unable to be moved. Can include storage container fixed down by foundations.
Aggravating factor under this section is that the property damaged belongs to another person and is of a kind that is generally higher in value
Define benefit:
Any benefit, pronunciation advantage, privilege, property, service or valuable consideration
What is attempted arson:
Where the offender intends to commit arson and takes steps towards doing so but for whatever reason the full offence is not committed.
- intends to commit offence
- take a real and substantial step towards achieving that aim
R V COLLISTER (Intent- Police)
Intent can be derived from actions/words and surrounding circumstances. Defendants intent can be inferred from the circumstances.
Police officers who demanded with menace from a suspect.
CAMERON V R (recklessness)
Recklessness requires the defendant to recognise that there was a real possibility that:
A) his action would bring about the prescribed result and or
B) proscribed result existed and
C) having regard to that risk, those actions were unreasonable
R V HARNEY (Harm knee- recklessness)
The conscious and deliberate taking of an unjustified risk.
R V ARCHER (flaming arrow- basin)
Property may be damaged if it suffers permanent/temporary physical harm or impairment of use/value.
Sink case. Ended up being charged with attempted arson
R V WILSON (meth lab- interest)
Tenancy of a property constitutes an interest in it.
R V MORLEY (cause loss to person)
Loss= extent to which victims position prior has diminished or become impaired.
R V HARPUR (attempts- police sting)
Attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate on the commission of a crime. Conduct sufficiently proximate to the offence.
Police sting on Paedophiles interaction with non existent 4 year old child
