Arson

Question 1

Arson (1)(a)
Section 
Act 
Penalty 
Ingredients

Answer 1

Section: 267(1)(a)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients

1. Intentionally OR recklessly
2. Damages by fire OR Damages by means of explosives
3. Any Property
4. If he or she knows or ought to know that danger to life is likely to ensue

Question 2

Arson (1)(b)
Section 
Act 
Penalty 
Ingredients

Answer 2

Section: 267(1)(b)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients

1. Intentionally OR recklessly
2. and without claim of right
3. Damages by fire OR Damages by means of explosives
4. Any immovable property OR any vehicle OR ship OR Aircraft in which that person has no interest

Question 3

Arson (1)(c)
Section 
Act 
Penalty 
Ingredients

Answer 3

Section: 267(1)(c)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients

1. Intentionally
2. Damages by fire OR Damages by means of explosives
3. Any immovable property OR any vehicle OR ship OR Aircraft
4. with intent to obtain any benefit OR cause loss to any other person

Question 4

Arson (2)(a)
Section 
Act 
Penalty 
Ingredients

Answer 4

Section: 267(2)(a)
Act: Crimes Act 1961
Penalty: 7 years

Ingredients

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

Question 5

Arson (2)(b)
Section 
Act 
Penalty 
Ingredients

Answer 5

Section: 267(2)(b)
Act: Crimes Act 1961
Penalty: 7 years

Ingredients

1. Intentionally
2. Damages by fire OR Damages by means of explosives
3. Any property (other than property listed on section 267(1) in which that person has no interest
4. with intent to obtain any benefit OR cause loss to any other person

Question 6

Intent

Answer 6

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

Question 7

R V Waaka

Answer 7

A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act

Question 8

R V Mohan

Answer 8

A decision to bring about, in so far as it lies within the accused power, the commission of the offence

Question 9

R V Harney

Answer 9

(Recklessness involves)…. foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk

Question 10

R V Archer

Answer 10

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

Question 11

R v Morley

Answer 11

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

Question 12

reckless

Answer 12

Acting “recklessly” involve consciously and deliberately taking an unjustifiable risk

Question 13

Explosive

Answer 13

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

Question 14

knowledge

Answer 14

Knowing means knowing or correctly believing
Simester and Brookbanks
The defendant may believe something wrongly, but cannot know something that is false

Question 15

Damages by fire

Answer 15

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 16

Property

Answer 16

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

Question 17

Life

Answer 17

“life” in this context means human life, and the danger must be to the life of someone other than the defendant.

Question 18

Claim of right

Answer 18

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

Question 19

vehicle

Answer 19

Means a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved
Section 2 Land Transport Act 1998

Question 20

Ship

Answer 20

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

Question 21

Aircraft

Answer 21

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

Question 22

Immovable property

Answer 22

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

Question 23

Obtain

Answer 23

means obtain or retain for himself or herself or any other person
Section 217, Crimes Act 1961

Question 24

Benefit

Answer 24

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

Question 25

Person (if applicable, obtain any benefit or cause loss)

Answer 25

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