Arson (VCE SSCE Legal Studies): Flashcards

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Arson
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Definition of arson

Intentional & unlawful use of fire to destroy/damage property

No. of elements to prove arson

4 elements beyond reasonable doubt

Element 2 of arson

Property belonged to another person

Knowledge required for arson (Element 3)

Damage probable, not just possible

Intent needed for arson causing death?

No - doesn't need to prove intent to kill

Category 2 offence sentencing requirement

Must be sentenced to imprisonment (mandatory)

General defences to arson (4 types)

Mental impairment, duress, emergency, automatism

% receiving immediate custodial sentence for arson

84.2%

Victoria arson trend 2018-2022

33.4% decrease

Max penalty for arson (Vic)

15 yrs imprisonment &/or 1800 penalty units (~$346k)

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