Arson (No Interest) Flashcards
Section / Act / Penalty
Section 267(1)(b), Crimes Act 1961 14 Years Imprisonment
Ingredients
- Intentionally OR Recklessly
- And without claim of right
- Damages by Fire OR Damages by Means of Explosives
- Any Immovable Property, vehicle, ship or aircraft in which that person has no interest in
Intentionally
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.
Recklessly
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
And without claim of right
CLAIM OF RIGHT - Sec 2, Crimes Act 1961
In relation to any act, means a belief at the time of the act 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 of any matter of law other than the enactment against which the offence is alleged to have been committed.
Damages by Fire
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.
Damages by Means of Explosives
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
Any Immovable Property, vehicle, ship or aircraft in which that person has no interest in (Immovable Property definition)
IMMOVABLE
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 - 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.
Any Immovable Property, vehicle, ship or aircraft in which that person has no interest in (Vehicle definition)
VEHICLE - Sec 2, Land Transport Act 1998
Means a mode of contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
Any Immovable Property, vehicle, ship or aircraft in which that person has no interest in (Ship definition)
SHIP - Sec 2, Crimes Act 1961
Means every description of vessel used in navigation, however propelled; and included any barge, lighter, dinghy, raft or like vessel; and also includes any ship belonging to or used as a ship of the armed forces or any country.
Any Immovable Property, vehicle, ship or aircraft in which that person has no interest in (Aircraft definition)
AIRCRAFT - Sec 2, Civil Aviation Act 1990
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.
Any Immovable Property, vehicle, ship or aircraft in which that person has no interest in (Interest definition)
INTEREST
Not defined by legislation, however the courts have held that tenancy of a property constitutes an interest in it.
Any Immovable Property, vehicle, ship or aircraft in which that person has no interest in (Person definition)
PERSON
Gender neutral - proven by judicial notice or circumstantially.
