Arson Flashcards
Case law related to reckless
R v Harney
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.
Damages by fire
Although fire damage will often involve burning or charring, it is not necessary for the property to actually be set alight melting, blistering of paint or significant smoke damage may be sufficient
Case law realting to damage
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
Define
Explosive
S2 CA 1961
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 power, gelignite, detonators
Does not include: Firearms, Fireworks
Define
Property
S2 CA 1961
Property includes any real or personal property and any estate or interest in any real or personal property, money, electricity and any deb, and any thing in action, and any other right or interest.
Define
Danger to life
Means human life and must be to someone other then the defendant
Define
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 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 was alleged to have been committed
Define
Vehicle
a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved
(includes hover craft)
Define
Ship
every description of vessel used in navigation, however propelled.
Includes any barge, lighter, dinghy, raft or like vessel including any ship belonging to or used as a ship of the armed forces of any country
Define
Aircraft
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.
Includes any aircraft for the time being used as an aircraft of any of the armed forces of any country other than NZ.
What case law relates to loss?
R v Morley
Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired
Define
person (in relation to this offence)
can include real people, crown, companies and other organisations.
