Arson - No interest in property Flashcards Preview

CIB/CPK Study Cards - email BHCC36 > Arson - No interest in property > Flashcards

Flashcards in Arson - No interest in property Deck (9)
Loading flashcards...
1
Q

What the act and section and penalty

A

S267(1)(b) CA61

14 yrs

2
Q

What are the 4 element of arson S267(1)(b)

A
1- intentionally OR 
Recklessly 
2- and without claim of right 
3- damaged by fire OR
Damages by means of explosive
4- any immovable property,vehicle, ship or aircraft in which that person has no interest
3
Q

Claim of right plus section?

A

Claim of right - S2 CA 61
- in relation to any act means a belief at the time of the act in a proprietary or possessory right in property in relation to which the alleged offence has been committed, although that 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.

4
Q

Immovable property

A

Immoveable property
- property will be considered immovable if it currently fixed in place and unable to be moved, even though if may be possible to make it moveable

5
Q

property plus section

A

property- S2 CA 61
- Property includes any real or personal and any estate or interest in any real or personal property, money, electricity and any debt and anything in action and any other right of interest

6
Q

Vehicle plus section

A

Vehicle- S2 LTA 61

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

7
Q

Ship plus section

A

Ship- S2CA 61

- Means vessel used in navigation however propelled and includes any barge, lighter, dingy, raft

8
Q

Aircraft plus section

A

Aircraft- S2 Civil Aviation Act 90
- Means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth

9
Q

Interest

A

interest

- Not defined however the court have held that tenancy of a property constitutes an interest in it

Decks in CIB/CPK Study Cards - email BHCC36 Class (69):