Arson (VCE SSCE Legal Studies): Flashcards
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Definition of arson
Definition of arson
Intentional & unlawful use of fire to destroy/damage property
No. of elements to prove arson
No. of elements to prove arson
4 elements beyond reasonable doubt
Element 2 of arson
Element 2 of arson
Property belonged to another person
Knowledge required for arson (Element 3)
Knowledge required for arson (Element 3)
Damage probable, not just possible
Intent needed for arson causing death?
Intent needed for arson causing death?
No - doesn't need to prove intent to kill
Category 2 offence sentencing requirement
Category 2 offence sentencing requirement
Must be sentenced to imprisonment (mandatory)
General defences to arson (4 types)
General defences to arson (4 types)
Mental impairment, duress, emergency, automatism
% receiving immediate custodial sentence for arson
% receiving immediate custodial sentence for arson
84.2%
Victoria arson trend 2018-2022
Victoria arson trend 2018-2022
33.4% decrease
Max penalty for arson (Vic)
Max penalty for arson (Vic)
15 yrs imprisonment &/or 1800 penalty units (~$346k)
