1. Arson Flashcards
What are the elements of s267(1)(a) - damage to life?
- 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
what are the elements of s267(1)(b) - no interest in property
- 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
what are the elements of s267(1)(c) - obtain benefit/cause loss
- 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
What is the difference for s267(2)(a) and s267(2(b) from s267(1)(b) and (c)?
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.
What are the elements of s267(3) - reckless disregard for the safety of other property?
- Intentionally
- Damages by fire or by means of any explosive
- Any property
- With reckless disregard for the safety of any other property.
outline intent
must be an intent to commit an act to get a specific result.
Outline circumstantial evidence from which intent may be inferred?
- the offenders actions and words, before during and after the event
- the surrounding circumstances
- the nature of the act itself
outline recklessness and the case law
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)
How do you prove recklessness?
- that the defendant consciously and deliberately ran a risk (subjective test).
- that the risk was one that was unreasonable to take in the circumstances (objective test).
outline what is encompassed by damages by fire
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.
outline the case law regarding property damage
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)
What is fire the result of?
the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. Requires all three to start.
what is the definition of explosive?
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
what is the definition of property?
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.
outline what is meant by knowing
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
what is the definition of danger to life?
means human life and the danger must be to the life of someone other than the defendant.
define claim of right
a belief in a proprietary or possessory right in the property in relation to which the offence is alleged to have been committed.
define immovable property
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
define vehicle
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.
define ship
every description of vessel used in navigation, however propelled.
Includes: barge, lighter, dinghy, raft, or like vessel, any ship belonging to armed forces
define aircraft
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.
Tenancy of a property constitutes an interest in it. What can be charged for a tenant/owner if they set fire to a property?
- 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
define benefit
any benefit, pecuniary advantage, privilege, property, service or valuable consideration.
what is the case law regarding loss?
Loss…is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired
(R v Morley)
what does loss involve?
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.
What are the elements of 267(2)(a)?
- 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
What are the elements of 267(2)(b)?
- 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
What is the definition of obtain?
means obtain or retain for himself/herself or any other person
