Arson (Section 267(2)(b) Crimes Act 1961)

Charge 1: Arson under section 267(2)(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’ wooden sculpture by fire [or explosive]?
	A temporary change, even slight, in the wooden sculpture may constitute damage if it affects the value or usefulness of the wooden sculpture. Whether that amounts to damage will depend on the circumstances. Where the effect of his actions on the wooden sculpture is minor, readily reversible and does not impair the wooden sculpture’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’ wooden sculpture 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 wooden sculpture 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, when Mr Smith damaged the wooden sculpture by fire [or explosive], he intended to cause loss to Ms Jones [or to obtain a benefit]?
	[Note: Amend or delete the words in square brackets above as required.] “Obtain a benefit” means Mr Smith intended to obtain or retain a benefit for himself or any other person. Benefit means any of the following: (a) benefit, privilege, or service – these do not need to be monetary; or (b) pecuniary advantage – this means that it improves a person’s financial position; or (c) property – this includes land and personal property, any right or interest in any land or personal property, money, electricity, any debt, any right to a claim in court, and any other right or interest; or (d) valuable consideration – means anything involving an exchange of value, whether of a monetary kind or any other. In other words, this means money or money’s worth. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.