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Arson Flashcards

1
Q

Arson - Elements (Danger to life)

A

Section 267(1)(a) Crimes Act 1961

  • Intentionally or Recklessly
  • Damages by fire or Damages by means of any explosive
  • Any property
  • If he or she knows or Ought to know that danger to life is likely to ensue
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2
Q

Intent definition

A

To do an act and to achieve a specific result

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3
Q

Intent Case Law

A

R v COLLISTER

  • Circumstantial evidence an offenders intent maybe inferred can include
  • Actions/Words before, during or after the event
  • Surrounding circumstances
  • Act itself
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4
Q

Reckless definition

A

Consciously and deliberately ran a risk that was unreasonable given the circumstances

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5
Q

Reckless Case Law

A

CAMERON v R

  • The defendant recognised a real possibility his actions would bring about a proscribed result and it was unreasonable in the circumstances
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6
Q

Damages by fire (Case Law)

A

R v ARCHER

  • Property maybe damaged if it suffers temporary or permanent physical harm of its value or use
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7
Q

Explosive (Definition)

A

Substance or mixture or combination of substances which is capable of decomposition at a rapid rate as to result in explosion or producing a pyrotechnic effect – (Section 2(1) Arms Act 1983)

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8
Q

Property (Definition)

A

Real and personal property and any estate or interest in real or personal property – (Section 2(1) Crimes act 1961)

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9
Q

Knowledge (Definition)

A

Knowing or believing correctly

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10
Q

Knowledge (Case Law)

A

AP SIMESTER AND WJ BROOKBANKS, PRINCIPLES OF CRIMINAL LAW (4TH ED, BROOKERS, WELLINGTON, 2012)

  • Knowing or believing correctly. The defendant cannot know something that is false
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11
Q

Danger to life (Definition)

A

Human life and the danger is to someone other than the defendant

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12
Q

Arosn - Elements (Immovable Property - No interest)

A

Section 267(1)(b) Crimes Act 1961

  • Intentionally or Recklessly
  • Without claim of right
  • Damages by fire or Damages by means of any explosive
  • Any immovable property or vehicle or ship or aircraft
  • In which that person has no interest
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13
Q

Claim of right (Definition)

A

Propriety right to the property – (Section 2 Crimes Act 1961)

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14
Q

Immovable Property (Definition)

A

Currently fixed and unable to move although can be made to move

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15
Q

Vehicle (Definition)

A

Contrivance with wheels or revolving runners which it moves – Section 2 LTA 1998

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16
Q

Ship (Definition)

A

Vessel used in navigation – Section 2 Crimes Act 1961

17
Q

Aircraft (Definition)

A

Any machine that derives support in the atmosphere from reactions of the air – Section 2 Civil Aviation Act 1990

18
Q

Interest (Case Law)

A

R v WILSON
Tenancy of a property constitutes an interest

19
Q

Arson - Elements (Cause loss or obtain)

A

Section 267(1)(c) Crimes Act 1961

  • Intentionally
  • Damages by fire or Damages by means of any explosive
  • Any property or Vehicle or ship or Aircraft
  • With intent to obtain any benefit or cause loss to any other person
20
Q

Obtain (Definition)

A

Retain for themselves or any other person – (Section 217 Crimes Act 1961)

21
Q

Benefit (Definition)

A

Crimes Act 1961 Section 267(4)
Pecuniary advantage, privilege, property, service or valuable consideration

22
Q

Loss (Definition)

A

In most cases will involve a financial detriment to the victim

23
Q

Loss (Case Law)

A

MORLEY v R
Induced or caused in reliance by the deception

24
Q

Fire (Definition)

A

For fire to start or continue - fuel, oxygen and heat must be present in the correct proportions. When fuel is heated to its ignition temperature, it releases gases which then react with oxygen molecules in the air - this reaction results in the release of heat and light energy

25
Q

Types of fire damage

A
  • Charring
  • Melting
  • Blistering
  • Smoke damage
26
Q

Providing explosives to commit an offence (Elements)

A

Crimes Act 1961 Section 272
- Knowingly has in his possession or
- Makes any explosive substance / Dangerous engine / Instrument or Thing
- With intent to use or enable another person to use the sustance / Dangerous engine / Instrument or Thing to commit an offence

27
Q

Intentional damage - Danger to life (Elements)

A

Crimes Act 1961 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

28
Q

Intentional damage - No interest (Elements)

A

Crimes Act 1961 Section 269(2)(a)
- Intentionally or Recklessly
- Without claim of right
- Destroys or damages any property
- In which that person has no interest

29
Q

Intentional Damage - Obtain or cause loss (Elements)

A

Crimes Act 1961 Section 269(2)(b)
- Intentionally or Recklessly
- Without claim of right
- Destroys or damages any property
- With intent to obtain any benefit or Cause loss to any other person

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