Arson (no interest)

Question 1

Section

Answer 1

Section 267(1)(b)

Question 2

Penalty

Answer 2

14 years

Question 3

Ingredients

Answer 3

1) Intentionally or Recklessly
2) And without claim of right
3) Damages by fire OR Damages by means of explosive
4) Any immovable property or any vehicle, ship or aircraft in which that person has no interest.

Question 4

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

Answer 4

R v Mohan

Question 5

A “fleeting or passing thought” in not sufficient; there must be a firm intent or firm purpose to effect the act”.

Answer 5

R v Waaka

Question 6

Recklessness involves

a) An intention to continue the course of conduct regardless of risk
b) The foresight of a harmful outcome
c) The foresight of dangerous consequences that coukd well happen
d) An intention to continue the act knowing that harm is a likely outcome

Answer 6

a) and c)

Question 7

Claim of right

Answer 7

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.

Question 8

True or false
“property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.

Answer 8

R v Archer

Question 9

Explosive means

Answer 9

• 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.

Question 10

Immovable property

Answer 10

• Fixed in a place and is unable to move

- Even though it may be possible to make it movable.

Question 11

Vehicle

Answer 11

A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.

Question 12

Ship

Answer 12

• Every description of vessel used in navigation
• However propelled
• Includes any barge, lighter, dinghy, raft or like vessel
• Also includes any ship belonging to or sued as a ship or the armed forces of any country.

Question 13

Aircraft

Answer 13

• Any machine that can derive support from the atmosphere.
• From reactions of the air
• Otherwise than by the reactions of the air against the surface of the earth.

Question 14

Person

Answer 14

Gender neutral. Proven by judicial notice or circumstantially.

Question 15

Nature of belief-

Claim of right

Answer 15

1) Belief must be in a proprietary or possessory right in property.
2) belief must be about rights to the “property in relation to which the offence is alleged to have been committed”.
3) belief must be held at the time of the conduct alleged to constitute at the time of the offence.
4) the belief must be actually held by the defendant.

Question 16

Defence to 261(1)(b)

Answer 16

Interest in property-i.e tenancy

R v WILSON