Arson - Arson with Intent to obtain benefit

Question 1

Recklessness

Answer 1

Acting “Recklessly” involves consciously and deliberately taking an unjustifiable risk.

Question 2

Proving Recklessness

Answer 2

When Recklessness is an element in an offence the following must be proved:

1) That the Defendant consciously and deliberately ran a risk (A SUBJECTIVE TEST)

2) That the risk was one that was unreasonable a take in the circumstances as they were known to the Defendant (OBJECTIVE TEST - Based on whether a reasonable person would have taken the risk).

Question 3

Property

Answer 3

Property- Section 2, Crimes Act 1961
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 4

Vehicle

Answer 4

Vehicle - Section 2(a), Land Transport Act 1998
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.

Question 5

Ship

Answer 5

Ship - Section 2, Crimes Act 1961
Vessel used in Navigation, however propelled and includes any barge, lighter, dinghy, raft or like vessel and also includes any ship belonging to or used as a ship of the armed forces of any country.

Question 6

Aircraft

Answer 6

Aircraft - Section 2, Crimes Act 1961
Civil Aviation Act - Any aircraft for the time being used as an aircraft of any of the armed forces of any country other than NZ

Section 2, Civil Aviation Act 1990
Any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth.

Question 7

Obtain

Answer 7

Obtain - Section 217, Crimes Act 1961
- In relation to any person, means obtain or retain for himself or herself or for any other person.

Question 8

Benefit

Answer 8

Benefit - Section 267, Crimes Act 1961
- Means any benefit, pecuniary advantage, privilege, property, service or valuable consideration.

Question 9

Cause Loss

Answer 9

Loss involves financial detriment to the Victim. It is not necessary that the victim’s loss results in any benefit to the offender.

Question 10

Person

Answer 10

Person - Section 2, Crimes Act 1961
Person/Owner, includes Crown and any public body or local authority, any board, society, company, any other body of persons.

Ex) Someone sets fire to Police Car in retaliation of being arrested, commits S267(1)(c) as intent to cause loss to the Police Organisation - which is a “Person” under the wider definition.