Arson

Question 1

Define immovable property

Answer 1

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.

Question 2

Define claim of right

Answer 2

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

Question 3

Define damages by fire

Answer 3

Involves burning, charring and does not need to be set alight. Melting, blistering of paint and smoke damage is sufficient

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

Question 4

For a person to be liable for “Attempted Arson” under s268, CA61, they must;

Answer 4

Intend to commit the offence (Damage by Fire property specified in s267, CA61)

Take a real and substantial step towards achieving that aim (perform and act sufficiently proximate to the full offence.)

Question 5

Define recklessly and provide case law

Answer 5

The conscious and deliberate taking of an unjustifiable 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 the risk.” (R v Harney)

Question 6

Define vehicle

Answer 6

Means a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
(Any vehicle with wheels that moves.)

Question 7

Discuss your understanding of “Intent” and use case law to support your answer.

Answer 7

1. intention to commit the act.
2. intention to get a specific result.

R v Collister - The defendant’s intent can be inferred from the circumstances.
e.g.
The offenders actions before, during or after the event.
The surrounding circumstances
The nature of the act itself.

Question 8

Arson - Danger to life

s267(1)(a) CA61

Answer 8

Intentionally or recklessly
Damages by fire
OR
Damages by means of any explosive
Any property
If he/she knows or ought to know that danger to life is likely to ensue

Question 9

Arson - Property/vehicle

s267(1)(b) CA61,

Answer 9

Intentionally or recklessly
Without claim of right
Damages by fire
OR
Damages by means of any explosive
Any immovable property, or any vehicle, ship or aircraft
In which that person had no interest

Question 10

Define knows or ought to know that danger to life is likely to ensue.

Answer 10

Knowing means knowing or correctly believing.
The belief must be a correct one, where the belief is wrong a person cannot know something
Life means human life and the danger must be to the life of someone other than the defendant

Question 11

Define intent to obtain any benefit

Answer 11

Intent
Intention to commit the act and intention to get a specific result
Obtain
Obtain or retain for any person
Benefit
Pecuniary advantage, privilege, property, service or valuable consideration