Arson Flashcards
Arson (1)(a) Section Act Penalty Ingredients
Section: 267(1)(a)
Act: Crimes Act 1961
Penalty: 14 years
Ingredients
- Intentionally OR recklessly
- Damages by fire OR Damages by means of explosives
- Any Property
- If he or she knows or ought to know that danger to life is likely to ensue
Arson (1)(b) Section Act Penalty Ingredients
Section: 267(1)(b)
Act: Crimes Act 1961
Penalty: 14 years
Ingredients
- Intentionally OR recklessly
- and without claim of right
- Damages by fire OR Damages by means of explosives
- Any immovable property OR any vehicle OR ship OR Aircraft in which that person has no interest
Arson (1)(c) Section Act Penalty Ingredients
Section: 267(1)(c)
Act: Crimes Act 1961
Penalty: 14 years
Ingredients
- Intentionally
- Damages by fire OR Damages by means of explosives
- Any immovable property OR any vehicle OR ship OR Aircraft
- with intent to obtain any benefit OR cause loss to any other person
Arson (2)(a) Section Act Penalty Ingredients
Section: 267(2)(a)
Act: Crimes Act 1961
Penalty: 7 years
Ingredients
- Intentionally OR recklessly
- and without claim of right
- Damages by fire OR Damages by means of explosives
- Any property (other than property listed on section 267(1) in which that person has no interest
Arson (2)(b) Section Act Penalty Ingredients
Section: 267(2)(b)
Act: Crimes Act 1961
Penalty: 7 years
Ingredients
- Intentionally
- Damages by fire OR Damages by means of explosives
- Any property (other than property listed on section 267(1) in which that person has no interest
- with intent to obtain any benefit OR cause loss to any other person
Ingredients - definitions and caselaw
Any property
- Property
Ingredients - definitions and caselaw Any property (other than property listed on section 267(1) in which that person has no interest
- Property
2. Person
Ingredients - definitions and caselaw
Damages by fire OR Damages by means of explosives
- Damages by fire def
- R V archer
OR
1 Explosive
Ingredients - definitions and caselaw
If he or she knows or ought to know that danger to life is likely to ensue
- Knowledge
2. life
Ingredients - definitions and caselaw
and without claim of right
- claim of right
Ingredients - definitions and caselaw
Any immovable property OR any vehicle OR ship OR Aircraft in which that person has no interest
- Immovable property
- Property
- Person
OR
- vehicle
- Person
OR
- Ship
- Person
OR
- Aircraft
- Person
Ingredients - definitions and caselaw
Intentionally
- Intent
- R V Mohan
- R V Waaka
Ingredients - definitions and caselaw
Any immovable property OR any vehicle OR ship OR Aircraft
- Immovable property
- Property
OR
- vehicle
OR
- Ship
OR
- Aircraft
Ingredients - definitions and caselaw
With intent to obtain any benefit OR cause loss to any other person
- Intent
- R V Waaka
- R V Mohan
- Obtain
- Benefit
- Person (plus extra)
OR
- Intent
- R V Waaka
- R V Mohan
- Loss
- Person (plus extra)
Ingredients - definitions and caselaw
Intentionally OR Recklessly
- Intent def
- R V Mohan
- R V Waaka
OR
- Reckless def
R V Harney
Intent
A person does something intentionally if they mean 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 not sufficient, there must be a firm intent or a firm purpose to effect an act
R V Mohan
A decision to bring about, in so far as it lies within the accused power, the commission of the offence
R V Harney
(Recklessness involves)…. foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk
R V Archer
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value
R v Morley
Loss…is assessed by the extent to which the complainant’s position prior to the (offence) has been diminished or impaired
reckless
Acting “recklessly” involve consciously and deliberately taking an unjustifiable risk
Explosive
Any substance or mixture or combination of substances which in it’s 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, fireworks
Section 2, Arms Act 1983
knowledge
Knowing means knowing or correctly believing
Simester and Brookbanks
The defendant may believe something wrongly, but cannot know something that is false
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 may be sufficient
Property
Includes any real or personal property and any estate or interest in any real or personal property, money, electricity or any debt or any thing in action or any other right or interest
Section 2, Crimes Act 1961
Life
“life” in this context means human life, and the danger must be to the life of someone other than the defendant.
Claim of right
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
Section 2, Crimes Act 1961
vehicle
Means a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved
Section 2 Land Transport Act 1998
Ship
Means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft, or like vessel; and also included any ship belonging to or used as a ship of the armed forces of any country
Section 2, Crimes Act 1961
Aircraft
means any machine that can derive support in the atmosphere from the reaction of the air otherwise than by the reactions of the air against the surface of the earth
Section 2, Civil Aviation Act 1990
Immovable property
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. In general, it relates to buildings and land and things growing on land, such as forrests
Obtain
means obtain or retain for himself or herself or any other person
Section 217, Crimes Act 1961
Benefit
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration Section 267(4), Crimes Act 1961
Person (if applicable, obtain any benefit or cause loss)
Gender Neutral. Proven by judicial notice or circumstantial evidence
** (add only if relates)
Legislation provides a wide definition of the term person that incorporates not only real people, but also companies and other organisations.
Section 2, Crimes Act 1961
