Arson (2a)

Question 1

Arson (2a)

Answer 1

Section 267 (2) (a) Crimes Act 1961

Question 2

Penalty

Answer 2

7 years

Question 3

Elements

Answer 3

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

Question 4

Intent

Answer 4

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

Question 5

Reckless - R v Harney

Answer 5

Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ 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 6

Claim of Right

Answer 6

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 face or of any matter of law other than the enactment against which the offence is alleged to have been committed.
Section 2, Crimes Act 1961

Question 7

Damages by Fire

Answer 7

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 may be sufficient.

Question 8

R v Archer

Answer 8

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

Question 9

Explosive

Answer 9

Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect. Includes gun powder, gelignite, detonators. Does not include firearms or fireworks
Section 2, Arms Act 1983

Question 10

Property

Answer 10

Property includes any real or personal property and any 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
Section 2, Crimes Act 1961

Question 11

Interest

Answer 11

Not defined by legislation. However the courts have held that tenancy of property constitutes an interest in it.

Question 12

Person

Answer 12

Gender Neutral. Proven by judicial note or circumstantially.