Arson

Question 1

Section 267(1)(a) Crimes Act 1961

Answer 1

Arson (threat to life)

Question 2

Penalty for arson under 267(1)

Answer 2

14 years

Question 3

Arson: Case Law for ‘reckless’

Answer 3

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

Question 4

Arson: ‘Damaged’ case law

Answer 4

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

Question 5

Arson (threat to life) section/act

Answer 5

S 267(1)(a) Crimes Act 1961

Question 6

Arson definition: ‘Intent’

Answer 6

In a criminal law context there are two specific types of intention in an offense. Firstly, thete must be an intention to commit the act and secondly, an intention to get a specific result.

Question 7

Arson (threat to life) elements

Answer 7

1. Intentionally OR recklessly
2. Damages by fire OR Damages by means of explosive
3. Any property
4. If he or she knows OR ought to know that danger to life is likely to ensue.

Question 8

Arson: ‘Damages by fire’ definition

Answer 8

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

Question 9

Arson: ‘explosive’ definition

Answer 9

S2 Arms Act 1983
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in explosion or of producing pyrotechnic effect,
Includes: gun powder, gelignite, detonators
Does not include: firearms, fireworks

Question 10

Arson: ‘Property’ definition

Answer 10

S2 Crimes Act 1961
Property includes any real or personal property and any estate or interest in any real or personal property, money, electricity, and any debt, and anything action, and any other right or interest.

Question 11

Arson: ‘Knowing’ definition

Answer 11

Simester and Brookbanks
“Knowing” means “knowing, or correctly believing” … the belief must be a correct one, where the belief is wrong a person cannot know something.

Question 12

Arson: ‘Life’ definition

Answer 12

“Life” in this context means human life, and the danger must be to the life of someone other than the defendant.

Question 13

Section 267(1)(b) Crimes Act 1961

Answer 13

Arson (immovable property or vehicle)

Question 14

Arson (immovable property or any vehicle) elements

Answer 14

1. Intentionally OR recklessly
2. And without claim of right
3. Damages by fire OR damages by means of explosive
4. Any immovable property or any vehicle, ship, or aircraft in which that person had no interest.

Question 15

‘Claim of Right’ definition

Answer 15

S2, Crimes Act 1961
In relation to any act, means a belief at the time of the act in a proprietary possessor right in property in relation to which the offense is alleged to have been committed, although that belief may be based on ignorance or mistaken fact or of any matter of law other than the enactment against which the offense is alleged to have been committed.

Question 16

‘Immovable property’ definition

Answer 16

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 17

‘Vehicle’ definition

Answer 17

S2 Land Transport Act 1998
Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.

Question 18

‘Ship’ definition

Answer 18

S2 Crimes Act 1961
Means every description of vessel used on navigation, however propelled; and includes any barge, lighter, dinghy, raft, or like vessel; and also includes any ship belonging to or used as a ship of the armed forces of any country.

Question 19

‘Aircraft’ definition

Answer 19

S2 Civil Aviation Act 1990
Means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the against the surface of the Earth.

Question 20

‘Interest’ definition

Answer 20

Not defined by legislation, however, the courts have held that TENANCY of a property constitutes interest in it.

Question 21

‘Person’ definition

Answer 21

Gender neutral. Proven by judicial notice or circumstantial evidence.

(Only if it relates to the scenario)
S2 Crimes Act 1961
Legislation provides a wide definition of the term ‘person’ that incorporates not only real people, but also companies and other organisations.

Question 22

Section 267(1)(c) Crimes Act 1961

Answer 22

Arson (intent to obtain benefit, or cause loss)

Question 23

Arson (intent to obtain benefit, or cause loss) elements

Answer 23

1. Intentionally
2. Damages by fire OR damages by means of explosive
3. Any immovable property, or vehicle, or ship, or aircraft
4. With intent to obtain benefit OR cause loss to any other person.

Question 24

‘Obtain’ definition

Answer 24

S217 Crimes Act 1961
Means obtain or retain for himself or herself or any other person

Question 25

‘Benefit’ definition

Answer 25

S267(4) Crimes Act 1961
Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

Question 26

‘Loss’ case law

Answer 26

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

Question 27

S267(2)(a) Crimes Act 1961

Answer 27

Arson (property other than in s267(1))

Question 28

Penalty for s267(2)(a) Crimes Act 1961

Answer 28

7 years

Question 29

Arson (property other than in s267(1)) elements

Answer 29

1. Intentionally OR Recklessly
2. And without claim of right
3. Damages by fire OR damages by means of explosion
4. Any property (other than property listed in section 267(1)) in which that person has no interest

Question 30

S267(2)(b) Crimes Act 1961

Answer 30

Arson (other than property in 267(1), intent to obtain benefit or cause loss)