Arson (Danger to Life)

Question 1

Section / Act / Penalty

Answer 1

Section 267(1)(a), Crimes Act 1961
14 Years Imprisonment

Question 2

Ingredients

Answer 2

• Intentionally OR Recklessly
• Damages by Fire OR Damages by Means of Explosives
• Any Property
• If he or she knows or ought to know that danger to life is likely to ensue

Question 3

Intentionally

Answer 3

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

Question 4

Recklessly

Answer 4

RECKLESS:
R v Harney
‘Recklessness’ means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless of the risk

Question 5

Damages by Fire (and case law)

Answer 5

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 maybe sufficient.

Case Law - 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 6

Damages by Means of Explosives

Answer 6

EXPLOSIVE - Sec 2, Arms Act 1983
Any substance, mixture or combination of substances which in its normal state is capable either of decomposition as such rapid rate as to result in an explosion or of producing a pyrotechnic effect.

Includes: gun power, gelignite, detonator

Does not Include: Firearms, fireworks

Question 7

Any Property

Answer 7

PROPERTY - Sec 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.

Question 8

If he or she knows or ought to know that danger to life is likely to ensue (Definition Knowledge only)

Answer 8

KNOWLEDGE
Simester and Brookbanks

Knowing means “knowing or correctly believing”. The defendant may believe something wrongly but cannot know something that is false.

Question 9

If he or she knows or ought to know that danger to life is likely to ensue (Definition Life Only)

Answer 9

LIFE

Life in this context mean human life, and the danger must be to the life of someone other than the defendant.