Arson (2b)

Question 1

Arson (2b)

Answer 1

Section 267 (2) (b), Crimes Act 1961

Question 2

Penalty

Answer 2

7 years

Question 3

Elements

Answer 3

1. Intentionally OR recklessly
2. Damages by Fire OR Damages by means of explosive
3. Any property (other than property listed in section 267 (1))
4. With intent to obtain any benefit OR cause loss to any person

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

Damages by Fire

Answer 6

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 7

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

Explosive

Answer 8

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 9

Property

Answer 9

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 10

Obtain

Answer 10

Obtain in relation to any person, means obtain or retain for himself or herself or for any other person
Sec 217 Crimes Act 1961

Question 11

Benefit

Answer 11

Any benefit, pecuniary advantage, privilege, property, service or valuable consideration.
Section 267 (4), Crimes Act 1961

Question 12

R v Morley

Answer 12

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

Question 13

Person & Groups

Answer 13

Gender Neutral. Proven by judicial note or circumstantially.

Also includes companies and other organisations