Arson - Danger to Life Flashcards
Section and Penalty
Sec 267 (1) (a) CA61
14 Years Imp
Ingredients for Sec 267(1)(a)
Intentionally
OR
Recklessly
Damages by Fire
OR
Damages by means of explosive
Any Property
If he or she knows or ought to know danger to life is likely to ensue
Intentionally
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.
Recklessly
R v Harney
R v Harney
Reckless 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.
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.
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.
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
Sec 2 Crimes Act 1961
Property includes any real and 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.
If he or she knows or ought to know
Knowledge
Simester and Brookbanks: Principles of Criminal Law
Knowing means knowing or correctly believing. The defendant may believe something wrongly but can not know something that is false.
That danger to life is likely to ensue
Danger to life
Life in this context means human life, and the danger must be to the life of someone other than the defendant.
