Arson (Section 267(3) Crimes Act 1961)
Charge 1: Arson under section 267(3) of the Crimes Act 1961
The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. That is called the standard of proof. It means that you must be sure that each element is proved.
| 1. |
Are you sure that Mr Smith damaged Ms Jones’ motorbike by fire [or explosive]? |
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A temporary change, even slight, in the motorbike may constitute damage if it affects the value or usefulness of the motorbike. Whether that amounts to damage will depend on the circumstances. Where the effect of his actions on the motorbike is minor, readily reversible and does not impair the motorbike’s value, there is no damage. If no, find Mr Smith not guilty. If yes, go to question two. |
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| 2. |
Are you sure that Mr Smith intended to damage Ms Jones’ motorbike by fire [or explosive]? |
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If no, find Mr Smith not guilty. If yes, go to question three. |
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| 3. |
Are you sure that Mr Smith damaged Ms Jones’ motorbike by fire [or explosive] with reckless disregard for the safety of any other property? |
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“Reckless” means that Mr Smith recognised that, by damaging the motorbike by fire, there was a real possibility that any other property could be damaged and that, having regard to that possibility, Mr Smith’s actions were unreasonable. “Unreasonable” actions are actions that a reasonable and prudent person would not have taken. “Property” includes land and personal property, and any right or interest in any land or personal property, money, electricity, and any debt, and any right to a claim in court, and any other right or interest. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |