Arson - Benefit or Loss

Question 1

Arson (benefit or loss) - section and ingredients

Answer 1

Section 267(1)(c) of crimes act

1. intentionally
2. damages by fire OR damages by means of explosive
3. any immovable property OR vehicle OR ship OR aircraft
4. with intent to obtain any benefit OR cause loss to any other person

Question 2

What is intent

Answer 2

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 3

R v Mohan on intent

Answer 3

Intent involves a decision to bring about, so far as it lies within the accused’s power, the commission of the offence

Question 4

R v Waaka on intent

Answer 4

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

Question 5

What constitutes “damages by fire”

Answer 5

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 6

R v Archer on damage

Answer 6

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

Question 7

Explosive definition under section 2

Answer 7

Any substance/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

Question 8

what is immovable property

Answer 8

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 moveable

Question 9

Property definition under section 2 of crimes act

Answer 9

property includes any real or personal property and any estate or interest in any real or personal property, money, electricity and any debt, and any thing in action and any other right or interest

Question 10

Vehicle definition under section 2 of land transport act 1998

Answer 10

Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved

Question 11

Ship definition under section 2 of the crimes act 1961

Answer 11

Means every description of 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 12

Aircraft definition under section 2 of the civil aviation act 1990

Answer 12

Means 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 13

What does obtain mean

Answer 13

Means to obtain or retain for himself or herself or any other person

section 217 of crimes act

Question 14

What does benefit mean

Answer 14

any benefit, pecuniary advantage, property, service or valuable consideration

section 267(4) of crimes act 1961

Question 15

R v Morley on loss

Answer 15

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

Question 16

Person - extended definition under section 2 of crimes act

Answer 16

legislation provides a wide definition of the term person that incorporates not only real people but also companies and other organisations

Question 17

Fire definition

Answer 17

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen triggered by heat.

For a fire to start each of the three elements must be present in the correct proportions.