Arson

Question 1

Act and section

Answer 1

S267(1)(b) CA 1961

Question 2

Penalty

Answer 2

14 years

Question 3

Ingredients

Answer 3

Intentionally or
Recklessly
And without claim of right
Damages by fire or
Damages by means of explosive
Any immovable property, any vehicle, ship or aircraft in which that person has no interest

Question 4

Intentionally

Answer 4

Means to do it. They desire a specific result and act with the aim or purpose of achieving it.

R v Waaka
A fleeting or passing thought is insufficient. There must be a firm intent to effect the act

R v Mohan
A decision to bring about in so far a s it lies within the accused power the commission of the offence

Question 5

Damages

Answer 5

Damage will usually involve burning or charring but the property does not have to be set alight. Melting, blistering of paint or severe smoke damage may be sufficient

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

Question 6

Explosive

Answer 6

S2 Arms Act 1983
A substance or mixture or combination of substances that are capable either of a rapid decomposition at such a rate as to cause an explosion or of producing a pyrotechnic effect.
Includes gun powder, gel ignite and detonators
Does not include firearms or fire works

Question 7

Recklessly

Answer 7

Concious and deliberate taking of unjustified risk

R v Harney
Foresight of dangerous consequences together with an intention to continue the act regardless of the risk.

Question 8

Immovable

Answer 8

Property will be considered immovable if it is fixed in place and unable to be moved even though it may be possible to make it move

Question 9

Property

Answer 9

S2 CA 1961
Means any real or personal property or any estate or interest in real or personal property, money electricity or any debt

Question 10

Vehicle

Answer 10

S2 land transport act 1998

Means any contrivance equipped with wheels, tracks or revolving runners on which it is moved or moves.

Question 11

Ship

Answer 11

S2 CA 1961
Means any description of vessel used in navigation however propelled and includes any dingy, lighter, raft or like vessel

Question 12

Aircraft

Answer 12

S2 aviation act 1990
Means any machine the can derive support in the atmosphere from the exactions of the air other wise than by reactions of the air on the earths surface