Arson (Section 267(1)(b) Crimes Act 1961)

Charge 1: Arson under section 267(1)(b) 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’ boat by fire [or explosive]?
	A temporary change, even slight, in the boat may constitute damage if it affects the value or usefulness of the boat. Whether that amounts to damage will depend on the circumstances. Where the effect of his actions on the boat is minor, readily reversible and does not impair the boat’s value, there is no damage. If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith intended to damage Ms Jones’ boat by fire [or explosive] or was reckless as to whether he did so?
	“Reckless” means that Mr Smith recognised there was a real possibility that the boat could be damaged by fire 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. If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith damaged Ms Jones’ boat by fire [or explosive] without claim of right?
	“Claim of right” means Mr Smith had a genuine belief that, at the time of damaging the boat by fire, he had a lawful right to the boat. If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that, at the time Mr Smith damaged Ms Jones’ boat by fire [or explosive], he had no interest in the boat?
	“Interest”, in relation to any property, includes ownership or share of ownership, or a right to possession of the property. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.