Arson - Definitions Flashcards
Intentionally OR Recklessly
INTENT
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.
Recklessness is the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless or risk
R v HARNEY
Damages by Fire OR
Damages by means of explosive
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.
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
R V ARCHER
OR
Explosive - Sec 2 AA 83
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rates to result in an explosion or of producing a pyrotechnic effect,
Includes: Gunpowder, gelignite, detonators
Does not Include: Firearms, Fireworks
Any Property
PROPERTY
Includes 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
SEC 2 CA 61
If he or she knows or ought to know that danger to life is likely to ensue
Knowing means knowing or correctly believing. . . the belief must be a correct one, where the belief is wrong a person cannot know something
Simester and Brookbanks
“Life” in this context means human life, and the danger must be to the life of someone other than the defendant.
And without claim of right
CLAIM OF RIGHT
In relation to any act, means a belief at the time in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or any matter of law other than the enactment against which the offences is alleged to have been committed
SEC 2 CA 61
Any immovable property or any vehicle, ship or aircraft in which that person has no interest
IMMOVABLE PROPERTY
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 movable.
PROPERTY
Includes 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
SEC 2 CA 61
VEHICLE
Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.
Sec 2 LTA 1998
SHIP
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.
Sec 2 CA 61
AIRCRAFT
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
Sec 2 Civil Aviation Act 1990
INTREST
Not defined by legislation, however the courts have held that tenancy of a property constitutes an interest in it.
Person
Gender Neutral. Proven by Judicial notice or circumstantial evidence
With intent to obtain any benefit OR
Cause loss to any other person
INTENT
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.
OBTAIN
Obtain, means obtain or retain for himself or herself or any other person.
SEC 217 CA 61
BENEFIT
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration.
Sec 267(4) CA 61
OR
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired
R V MORLEY
Person
Gender Neutral. Proven by Judicial notice or circumstantial evidence
Legislation provides a wide definition of the term “person” that incorporates not only real people, but also companies and other organisations.
Sec 2 CA 61
Any property (other than property listed in section 267(1)) in which that person has no interest
PROPERTY
Includes 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
SEC 2 CA 61
INTREST
Not defined by legislation, however the courts have held that tenancy of a property constitutes an interest in it.
Person
Gender Neutral. Proven by Judicial notice or circumstantial evidence
With reckless disregard for the safety of any other property.
It must be proved that the offender intended to damage some property, recognising that there was a risk of damaging other property as a consequence, but proceeding regardless of that risk.
Recklessness is the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless or risk
R v HARNEY
Attempts to commit arson
Section 72, Crimes Act 1961
Attempts
Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
The Crown must prove that the defendant intended to commit the full act of arson, and acted as he or she did for the purpose of achieving that aim.
His conduct must be sufficiently proximate to the offence
R v Harpur (2010) 24 CRNZ 909
“[The Court may] have regard to the conduct viewed cumulatively up to the point when the conduct in question stops …the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative.”
