1. Arson

Question 1

What are the elements of s267(1)(a) - damage to life?

Answer 1

• Intentionally or recklessly
• Damages by fire or by means of any explosive
• Any property
• If he/she knows, or ought to know, that danger to life is likely to ensure

Question 2

what are the elements of s267(1)(b) - no interest in property

Answer 2

• Intentionally or recklessly
• Without claim of right
• Damages by fire (or by means of any explosive)
• Any immovable property, vehicle, ship or aircraft
• In which that person has no interest

Question 3

what are the elements of s267(1)(c) - obtain benefit/cause loss

Answer 3

• Intentionally
• Damages by fire or by means of any explosive
• Any immovable property, vehicle, ship or aircraft
• With intent to obtain any benefit or to cause loss to any other person

Question 4

What is the difference for s267(2)(a) and s267(2(b) from s267(1)(b) and (c)?

Answer 4

Exact same elements except just “any property”. This section deals with property that is generally less valuable and where there is no risk to life.

Question 5

What are the elements of s267(3) - reckless disregard for the safety of other property?

Answer 5

• Intentionally
• Damages by fire or by means of any explosive
• Any property
• With reckless disregard for the safety of any other property.

Question 6

outline intent

Answer 6

must be an intent to commit an act to get a specific result.

Question 7

Outline circumstantial evidence from which intent may be inferred?

Answer 7

• the offenders actions and words, before during and after the event
• the surrounding circumstances
• the nature of the act itself

Question 8

outline recklessness and the case law

Answer 8

Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk
(R v Harney)

Question 9

How do you prove recklessness?

Answer 9

1. that the defendant consciously and deliberately ran a risk (subjective test).
2. that the risk was one that was unreasonable to take in the circumstances (objective test).

Question 10

outline what is encompassed by damages by fire

Answer 10

damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient.

Question 11

outline the case law regarding property damage

Answer 11

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
(R v Archer)

Question 12

What is fire the result of?

Answer 12

the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. Requires all three to start.

Question 13

what is the definition of explosive?

Answer 13

any substance or mixture, or combination of substances, which in its normal state is capable either of decomposition at such rapid rates as to result in an explosion or producing a pyrotechnic effect.

Includes gun powder, nitroglycerin, dynamite, detonators, etc. Doesn’t include firearms or fireworks

Question 14

what is the definition of property?

Answer 14

includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.

Question 15

outline what is meant by knowing

Answer 15

knowing or correctly believing. Involves a subjective (what was the defendant thinking at the time) and an objective test (what would a reasonable person have thought in the same

Question 16

what is the definition of danger to life?

Answer 16

means human life and the danger must be to the life of someone other than the defendant.

Question 17

define claim of right

Answer 17

a belief in a proprietary or possessory right in the property in relation to which the offence is alleged to have been committed.

Question 18

define immovable property

Answer 18

in general it relates to building and land and things growing on land. Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable

Question 19

define vehicle

Answer 19

a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.

Includes: hovercraft, skateboard, roller skates. Does not include: pushchair, shopping trolley, wheel barrow, pedestrian controlled lawnmower, wheelchair not propelled by mechanical power, any rail vehicle.

Question 20

define ship

Answer 20

every description of vessel used in navigation, however propelled.

Includes: barge, lighter, dinghy, raft, or like vessel, any ship belonging to armed forces

Question 21

define aircraft

Answer 21

any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth.

Question 22

Tenancy of a property constitutes an interest in it. What can be charged for a tenant/owner if they set fire to a property?

Answer 22

• intend to cause loss to someone else as a result of the fire.
• know or ought to know that the fire will endanger life.
• know that the fire is likely to destroy or damage someone else’s property as a consequence

Question 23

define benefit

Answer 23

any benefit, pecuniary advantage, privilege, property, service or valuable consideration.

Question 24

what is the case law regarding loss?

Answer 24

Loss…is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired
(R v Morley)

Question 25

what does loss involve?

Answer 25

involves financial detriment to the victim. Criminality can only arise from a direct loss, indirect loss such as expectation loss (loss of a bargain) and loss of anticipated future profits are not included.

Question 26

What are the elements of 267(2)(a)?

Answer 26

• intentionally or recklessly
• without claim of right
• damages by fire or by means of any explosive
• any property
• in which that person has no interest

Question 27

What are the elements of 267(2)(b)?

Answer 27

• intentionally or recklessly
• damages by fire or by means of any explosive
• any property
• with intent to obtain any benefit or with intent to cause loss to any other person

Question 28

What is the definition of obtain?

Answer 28

means obtain or retain for himself/herself or any other person