Arson Flashcards
S 267(1)(a) ingredients
1 intentionally OR Recklessly 2. Damages by fireOr Damages by means of explosive 3. Any property 4. If he or she knows Or Ought to know that danger to life is likely to ensue
Recklessly case law
Reckless
Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.
R v Harney
Damages by fire definition and case law
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 may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
R v Archer
Explosive definition
Explosive - Sec. 2 Arms Act 1983
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 powder, gelignite, detonators
Does Not Include: Firearms, fireworks
Property definition
Property - Section 2, Crimes Act 1961
Property includes any real or personal property and any estate or interest in any real or personal property, money, electricity and any debt, and anything in action, and any other right or interest.
If he or she knows case law
“Knowing” means “knowing, or correctly believing” … the belief must be a correct one, where the belief is wrong a person cannot know something:
Simester and Brookbanks
Definition of life
“Life” in this context means human life, and the danger must be to the life of someone other than the defendant
Ingredients of section 267(1)(b)
1.Intentionally OR Recklessly 2. Without claim of right 3. Damages by Fire OR Damages by means of Explosive 4. Any immovable property or any vehicle, ship or aircraft in which that person has no interest
Definition of 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
Sec 2, Crimes Act 1961
Immovable Property Definition
Immovable property
Immovable
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.
Definition of interest
Interest
Not defined by legislation, however the courts have held that tenancy of a property constitutes an interest in it.
S 267(1)(c) ingredients
1. Intentionally OR recklessly 2. Damages by fire OR Damages by means of explosive 3. Any immovable property OR vehicle OR SHIP OR AIRCRAFT 4. with to obtain any benefit OR Cause loss to any other person
Cause loss to any person definition and case law
Loss … is assessed by the extent to which the complainant’s position prior to the [offence] has been diminished or impaired
R v Morley
