Arson Flashcards
Arson -
CA61, S267(1)(a) - [14y]
- Intentionally, OR
Recklessly - Damages by Fire,
OR
Damages by means of
explosive - Any property
- If he or she knows,
OR
Ought to know - That danger to life is likely
to ensue
Arson -
CA61, S267(1)(b) - [14y]
- Intentionally, OR
Recklessly - And without claim of right
- Damages by Fire,
OR
Damages by means of
explosive
4. Any immovable property, OR Any vehicle, OR Any ship, OR Any aircraft
- In which that person has no interest
Arson -
CA61, S267(1)(c) - [14y]
- Intentionally
- Damages by Fire,
OR
Damages by means of
explosive
3. Any immovable property, OR Any vehicle, OR Any ship, OR Any aircraft
4. With intent to obtain any benefit, OR Cause loss to any other person.
Arson -
CA61, S267(2)(a) - [7y]
- Intentionally, OR
Recklessly - And without claim of right
- Damages by Fire,
OR
Damages by means of
explosive - Any property (other than property referred to in 267(1)
- In which that person has no interest
Arson -
CA61, S267(2)(b) - [7y]
- Intentionally, OR
Recklessly - Damages by Fire,
OR
Damages by means of
explosive - Any property (other than property referred to in 267(1)
4. With intent to obtain any benefit, OR Cause loss to any other person.
Arson -
CA61, S267(3) - [5y]
- Intentionally
- Damages by Fire,
OR
Damages by means of
explosive - Any property
- With reckless disregard for the safety of any other property.
Attempted Arson -
CA61, S268 - [10y]
- Having the intent to commit an offence (arson)
2. Does or omits an act for the purpose of accomplishing his object.
Intentional Damage -
CA61, S269(1) - [10y]
- Intentionally, OR
Recklessly - Destroys or damages any property
- If he or she knows,
OR
Ought to know - That danger to life is likely
to ensue
Intentional Damage -
CA61, S269(2)(a) - [7y]
- Intentionally, OR
Recklessly - And without claim of right
- Destroys or damages any property
- In which that person has no interest
Intentional Damage -
CA61, S269(2)(b) - [7y]
- Intentionally, OR
Recklessly - And without claim of right
- Destroys or damages any property
4. With intent to obtain any benefit, OR Cause loss to any other person.
Intentional Damage -
CA61, S269(3) - [7y]
- Intentionally
- Destroys or damages any property
- With reckless disregard for the safety of any other property.
What is the case law regarding recklessness?
R v HARNEY
Recklessness means the conscious and deliberate taken 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.
What is the case law regarding intent (implied)?
R V COLLISTER
Intent can implied from conduct and circumstances.
What is the case law regarding Damages by fire?
R v ARCHER
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of value or usefulness.
What is the case law regarding Cause Loss?
R v MORLEY
Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.
What is the case law regarding Interest?
R v WILSON
Tenancy of a property constitutes an interest in it
What is the case law regarding Sufficiently Proximate?
R v HARPUR
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. the defendant’s conduct may be considered in its entirety. Considering how much remains to be done is always relevant, though not determinative.
What must be present for attempted arson (S268)?
Intend to commit the offence
Take a real and substantial step towards achieving that aim (act sufficiently proximate to full offence)
What is the definition of ‘Claim of Right’?
A belief at the time of the act of a right to possess or own the property in question.
Belief may be based on ignorance or mistake of fact or law.
What is the definition of a deliberate act?
The act or omission is done deliberately. It must be more than involuntary or accidental.
What is the definition of intent?
The must be an intention to commit the act and secondly an intention to get a specific result.
What is the definition of ‘recklessness’?
The conscious and deliberate taking of an unjustified risk.
What is the definition of ‘Damages by Fire’?
Fire often involves burning and charring but also includes melting, blistering of paint and significant smoke damage.
What is the definition of immovable property?
Property that is not intended to be moved. Refers to buildings, land and things growing on land, such as forests.
What is the definition of a vehicle?
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
What is the definition of Property?
Includes and real or personal property and any estate or interest in any real or personal property, money, electricity and any debt, anything in action, and any other right or interest.
What is the definition of knowledge?
SIMESTER and BROOKBANKS
Knowing or correctly believing. The belief must be a correct one, where the belief is wrong a person cannot know something.
What is the definition of Danger to Life?
Human life, and the danger must be to the life of someone other than the defendant.