Arson 1b

Question 1

Arson 1b

Section Act Penalty

Answer 1

Arson (No Interest)
Section 267(1)(b),
Crimes Act 1961
14 Years Imprisonment

Question 2

Arson 1b

Ingredients

Answer 2

• Intentionally OR Recklessly
• And without claim of right
• Damages by Fire OR Damages by Means of Explosives
• Any Immovable Property, vehicle, ship or aircraft in which that person has no interest in

Question 3

Intentionally

Answer 3

INTENT:
In a criminal law context there are two specifics types of intent in an offence. Firstly, there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 4

Recklessly

Answer 4

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

Question 5

And without claim of right

Answer 5

CLAIM OF RIGHT - Sec 2, Crimes Act 1961
In relation to any act,
means a belief at the time of the act

in a proprietary or possessory
right in property

in relation to which the offence
is alleged to have been committed,

although that belief may be based on ignorance or mistake of fact

or of any matter of law
other than the enactment

against which the offence is alleged to have been committed.

Question 6

Damages by fire

Answer 6

DAMAGES BY FIRE:
Although 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 maybe sufficient.

Question 7

Case Law - R V Archer

Answer 7

Property may be damaged if it suffers permanent or temporary physical harm, or permanent or temporary impairment of its use or value.

Question 8

Damages by Means of Explosives

Answer 8

EXPLOSIVE - Sec 2, Arms Act 1983
Any substance, mixture or combination of substances which in its normal state is capable either of decomposition as such rapid rate as to result in an explosion or of producing a pyrotechnic effect.

Includes: gun power, gelignite, detonator

Does not Include: Firearms, fireworks

Question 9

Any Immovable Property, vehicle, ship or aircraft in which that person has no interest in (Immovable Property definition)

Answer 9

IMMOVABLE
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.

PROPERTY - Sec 2, 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 in action, and any other right or interest.

Question 10

Any Immovable Property, vehicle, ship or aircraft in which that person has no interest in (Vehicle definition)

Answer 10

VEHICLE - Sec 2, Land Transport Act 1998
Means a mode of contrivance equipped
with wheels, tracks or revolving runners
on which it moves or is moved.

Question 11

Any Immovable Property, vehicle, ship or aircraft in which that person has no interest in (Ship definition)

Answer 11

SHIP - Sec 2, Crimes Act 1961
Means every description of vessel used in navigation,
however propelled;

and included any barge, lighter, dinghy,
raft or like vessel;

and also includes any ship belonging to or used
as a ship of the armed forces or any country.

Question 12

Any Immovable Property, vehicle, ship or aircraft in which that person has no interest in (Aircraft definition)

Answer 12

AIRCRAFT - Sec 2, 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 air against the surface of the earth.

Question 13

Any Immovable Property, vehicle, ship or aircraft in which that person has no interest in (Interest definition)

Answer 13

INTEREST
Not defined by legislation,
however the courts have held

that tenancy of a property constitutes an interest in it.

Question 14

Any Immovable Property, vehicle, ship or aircraft in which that person has no interest in (Person definition

Answer 14

PERSON

Gender neutral - proven by judicial notice or circumstantially.

Question 15

Case Law - R v Wilson

Answer 15

Relates to no liability under S267(1)(b)
due to tenancy being sufficient
to prove an interest in property

It is well established a tenancy is an interest in land,
where as here the Crown alleges

that damage by fire has been caused recklessly
and the person charged is a tenant of the property (or holds a qualifying interest) then, in the absence of any of the aggravating features, that person cannot be convicted of arson.