Arson – Structure of Answer rn PDF

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Arson – Structure of Answer...

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Nick Dowse

Arson

Arson – Structure of Answer 1. “Arson is an offence under s 461 of the Code, where a person wilfully and unlawfully sets fire to any of the specified things in the section.” 2. Elements a. Wilfully i. It is necessary to prove that the accused realised there was a likelihood of a second thing catching fire, or that he acted in reckless disregard of that prospect (Webb) ii. The test is: if damage is likely to result and the accused is reckless to the risk and does it anyway, or does it deliberately, they will have done it wilfully (Lockwood). iii. The accused may not have intended to cause damage, but if they foresee it and do the act regardless, it will be wilful (Lockwood) b. Unlawfully i. An act which causes injury to the property of another, and which is done without the owner’s consent, is unlawful unless it is authorised, justified or excused by law (s 458(1)) 1. Immaterial that person causing damage may be a part owner etc (s 458(2)) ii. An act which causes injury to property, and which would otherwise be lawful, is done with intent to defraud any person, is unlawful (s 459(1)) 1. Immaterial that property belongs to offender (s 459(2)) c. Sets Fire i. Requires proof that the structure of the thing has suffered burning, not merely scorching, blistering or blackening (Jorgenson) ii. However, slightest degree of burning is sufficient (Stallion) iii. Sufficient for structure to have been ravaged or ruined by fire, as opposed to being reduced to ashes (Berghofer) d. To any building or structure etc i. “Structure” holds a very wide definition, means anything constructive (R v B) ii. Not necessary that it be of substantial construction or of value or that it is a fixture (R v B) 3. If any elements not made out, mention attempted arson (s 462) a. Is an alternative verdict under s 583 4. Punishment is imprisonment for life (s 461)

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