Arson (a)

Question 1

Arson (a)

Answer 1

Section 267 (1) (a) Crimes Act 1961

Question 2

Penalty

Answer 2

14 years

Question 3

Elements

Answer 3

1. Intentionally OR Recklessly
2. Damages by Fire OR Damages by means of explosive
3. Any property
4. If s/he knows OR ought to know that danger to life is likely to ensue

Question 4

Intent

Answer 4

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 5

Reckless - R v Harney

Answer 5

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.

Question 6

Damages by Fire

Answer 6

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 7

R v Archer

Answer 7

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

Question 8

Explosive

Answer 8

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 and fireworks.