VCE Legal Studies Unit 1 AOS 2 KK#7 Arson

True or false: An accused does not need to raise any defences or argue that the elements have not been met in a criminal case.

• True – because the accused needs to raise and prove the elements, not the defences

• False – because the accused needs to establish that an element is missing to be found not guilty

• True – because the accused does not have the burden of proof

• False – because the accused needs to establish that an element is missing and/or there is a defence to the charges to be found not guilty

What is the difference in the elements that needs to be proven for arson and arson causing death?

• The elements are the same, except in arson causing death the prosecutor also needs to establish that there was a spread of the fire to vegetation, which then caused death.

• The elements are the same, except in arson causing death the prosecutor also needs to establish that the actions caused the death of another person.

• In arson, the fire can be a bushfire or other normal fire, but in arson causing death it’s just a normal fire.

• The elements are completely different for each – there are three elements in arson, and four in arson causing death.

Sam, aged 40, has been charged with arson. The prosecution alleges that he intentionally threw a cigarette butt onto a grass area. This resulted in a fire that engulfed the grass area and an old barn belonging to his uncle. Sam says he was absent-minded and is horrified by what happened.

Which element is most likely to be in issue here?

• Whether Sam damaged or destroyed the property by fire

• Whether Sam had a lawful excuse for damaging or destroying the property

• Whether the property belonged to someone else

• Whether Sam intentionally damaged the property, or knew or believed that the damage or destruction was the likely result of his actions

Yoko was smoking a cigarette in her friend’s house when she suffered an epileptic seizure. As a result, the cigarette went onto the curtains, which caught on fire. The fire spread and Yoko’s friend’s house was badly damaged.

If Yoko were charged with arson, which defence will she most likely raise?

• Sudden and extraordinary emergency

• Automatism

• Duress

• Mental impairment

Barry is holding a gun to Donald’s head and forces Donald to burn down Barry’s house because he wants to get insurance money. A person in the house is killed.

What crime might Donald be charged with, and what is the likely defence he will raise?

• Arson, mental impairment

• Arson, duress

• Arson causing death, self-defence

• Arson causing death, duress

Which of the following statements best describes the role of the law in developing the elements of arson?

• Because arson and arson-related offences are relatively new offences, they do not have a long, slow development in common law.

• Parliament is the supreme law-making body and has codified the common law crime of arson. Common law now does not remain relevant to arson offences.

• The crime of arson dates back to British law and common law remains the primary law in identifying the elements of arson.

• The elements of arson have been largely developed through the courts, following which the Victorian Parliament has passed legislation clarifying the definition and elements of arson.

According to data from the Sentencing Advisory Council, which gender and age group had the highest percentage of offenders sentenced for arson?

• Male, 35–44 years

• Female, 20–34 years

• Male, 20–34 years

• Male, aged 19 years and under

In the United States, what do some experts and social commentators suggest are the two major causes of the country’s high rates of arson?

• Revenge and obsession with lighting fires

• Cultural differences and vandalism

• Insurance purposes and vandalism

• Revenge and vandalism

In R v Sokaluk, a Supreme Court jury found the offender guilty of 10 counts of arson causing death after he had deliberately started two bushfires, in which 10 people were killed.

What impacts would be felt by the community?

• Need for coronial services

• Trauma to first responders

• All options are correct

• Loss of public property

In DPP v Islam, a 24-year-old man was sentenced after pleading guilty to one charge of arson. The accused had deliberately lit a fire inside the Springvale branch of the Commonwealth Bank in November 2016. The fire was started by petrol he had purchased from a local petrol station. The offender spent five months recovering in hospital after the incident.

Which of the following is not a key (significant) fact in this case?

• How long the offender spent recovering in hospital

• Where the fire was started

• When the fire was started

• How the fire was started (i.e. by petrol)