Arson Flashcards
What is section 267 (1)(a)?
Arson
Intentionally OR
recklessly
Damages by fire or by means of any explosive
Any property
If he or she knows or ought to know that danger to life is likely to ensue
What is section 267(1)(b)?
Intentionally OR
recklessly
And without claim of right
Damages by fire OR
By means of any explosive
Any immovable property or any vehicle, ship or aircraft
In which that person has no interest
What is section 267(1)(c)?
Intentionally
Damages by fire OR
By means of any explosive
Any immovable property or any vehicle ship or aircraft
with intent to obtain any benefit or cause loss to any other person
Section 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 (other than property referred to in subsection (1))
267(2)(b)
Intentionally OR
Recklessly
Damages by fire OR
By means of any explosive
Any property
With intent to obtain any benefit OR
Cause loss to any other person
Section 267(3)
Intentionally
Damages by fire OR
Damages by means of any explosive
Any property
With reckless disregard for the safety of any other property
Section 267(4)?
In this section at section 269 benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration
What are the elements of intention?
Deliberate act with intent to prove a specified result (aim object purpose)
R v Collister
Circumstantial evidence from which an offenders intent can be inferred can include;
-offenders actions and words before during and after
-surrounding circumstances
-nature of the act itself
Definition of recklessness
Consciously and deliberately taking of an unjustified risk
R v cameron
Recklessness is established if;
-the defendant recognized there was a real possibility that his or her actions would bring about the prescribed result and/or
-the proscribed circumstances existed and
-having regard to that risk those actions were unreasonable
In regards to reckless ness what are the two tests?
The defendant consciously and deliberately ran a risk (subjective test)
Whether a reasonable person would have taken the risk (objective test)
R v tipple
A deliberate decision to the risk anyway
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of it’s use or value
Damages by fire or explosive
Involves burning, charring, melting, blistering of paint or significant smoke damage
In general terms, any change in an object that impairs it’s value or usefulness may constitute as damage
What is the definition of fire
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat
What is the definition of explosive
Any substance or mixture or combination of substances which in it’s normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect
What are examples of explosives
Gun powder
Nitroglycerine
Dynamite
Gun-cotton
Blasting powder
Fulminate of mercury or other metals
Coloured flares
Fog signals
Fuses
Rockets
Percussion caps
Detonators
Cartridges
Ammunition of all descriptions
What does the definition of an explosive not include?
Fireworks as defined in section 2 of the hazardous substances and new organisms act 1996
Firearms
Define property
Real and personal property and any real 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
Define knows or ought to know
Subjective Test: what was the defendant thinking at the time, did the defendant know human life was likely to be endangered
Objective Test: if there is insufficient evidence that the defendant was conscious of the risk the objective test should be applied. What would a reasonable person have thought and would they have recognized the risk?
Define danger to life
Danger to human life and someone other than the defendant
Define claim of right
Belief at the time of the act in a proprietary or possessory right in property in relation to the offence alleged. Belief can be based on ignorance or mistake of fact or of any matter of law
Four parts of belief required for claim of right?
Belief in a proprietary or possessory right in property
Belief about the property in relation to the offence alleged
Belief must be at the time of the conduct
Belief must be actually held by the defendant
Define immovable property
In general it relates to buildings and land and things grown on land. 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
What are some things not included in the definition of a vehicle
Pushchair
Wheel barrow
Pedestrian controlled lawnmower
Furniture
Wheelchair not propelled by mechanical power
Any rail vehicle
Define ship
Every vessel used in navigation, however propelled and includes any barge, lighter, dingy raft or like vessel and also includes any ship belonging to or used as a ship of the armed forces of any country
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. Includes any aircraft used as an aircraft of any of the armed forces of any country other than NZ
Definition of obtain
Obtain or retain for himself or herself or for any other person
R v Morley
Loss is assessed by the extent to which the complainants positions prior to the offence has been deminished or impaired
Define person in relation to arson
It includes real people but also companies and other organizations
For a charge under 267(2)(a) what is the criteris
No threat to life
Minor property
No fraud factor
What is section 268 CA 1961
Attempted Arson
Attempts to commit arson
In respect of any immovable property OR
any vehicle ship or aircraft
To be guilty of an attempt, what must a person do?
Intend to commit the offence
Take a real and substantial step towards achieving that aim
R v harpur
Conduct viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be considered in it’s entirety. Considering how much remains to be done is always relevant though not determinative
Define sufficiently proximate
Assessing the conduct at the relevant time
Circumstances
Any steps taken leading up to that point
Give four examples of of acts that may constitute an attempt to commit an offence
-Recon of the scene of the contemplated crime
-lying in wait, searching for or following the contemplated victim
-unlawful entry of a structure in which it is contemplated the crime will be committed
-possession of materials to be employed in the commission of a crime
The fire service specialist investigator will liaise with police about four specific matters
Handover of the fire scene
Access to the fire scene
Process for examination and investigation
Identification and collection of evidence at the fire scene
Section 269(1)
Intentionally OR
Recklessly
Destroys or Damages any property
If he or she knows or ought to know danger to life is likely to result
Section 269(2)(a)
Intentionally OR
Recklessly
Without claim of right
Destroys or Damages any property
In which that person has no interest
269(2)(b)
Intentionally OR
Recklessly
Without claim of right
Destroys or Damages any property
With intent to obtain any benefit
Or with intent to cause loss to any other person
Section 269(3)
Intentionally destroys or Damages any property with reckless disregard for the safety of any other property
Section 272
Proving explosives to commit an offence
Knowingly has in his or possession OR
makes any explosive substance
Or any dangerous engine or instrument or thing
With intent to use or enable another person to use the substance, dangerous engine, instrument, or thing to commit an offence
R v hallam
On a charge of knowingly having possession of an explosive substance, it must be proves that the offender knowingly had the substance in his possession and also knew it to be an explosive substance
When the defendant provides the explosive device to another person what must they intend?
That it is used by another person, they don’t have to know the identity of the person or the precise nature of the offence that will be committed
In terms of determining the seat of the fire list four things the specialist fire investigator should consider
Depth of charring
Severity of the damage
Presence of starting devices
Direction of the spread
Five examples of carelessness that might result in fire
Children playing with matches
Leaving clothes near heating
Ironing
Burning rubbish
Smoking
Leaving stove or Heater on