Arson (No interest)

Question 1

Arson (No Interest) - section and ingredients

Answer 1

Section 267(1)(b) of crimes act

1. intentionally OR recklessly
2. and without claim of right
3. damages by fire OR damages by means of any explosive
4. any immovable property or any vehicle, ship or aircraft in which that person has no interest

Question 2

what is intent

Answer 2

A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it

Question 3

R v Mohan on intent

Answer 3

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

Question 4

R v Waaka on intent

Answer 4

A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act

Question 5

What does it mean to act reckless

Answer 5

Acting recklessly involves consciously and deliberately taking an unjustifiable risk

Question 6

R v Harney on recklessness

Answer 6

recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk

Question 7

Claim of right definition under section 2 of the crimes act

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

what constitutes “damages by fire”

Answer 8

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

Question 9

R v Archer on damage

Answer 9

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value

Question 10

Explosive definition under section 2

Answer 10

Any substance/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

Question 11

What is Immovable Property

Answer 11

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 moveable

Question 12

Property definition under section 2 of crimes act

Answer 12

property includes any real or 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

Question 13

Vehicle definition under section 2 of land transport act 1998

Answer 13

Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved

Question 14

Ship definition under section 2 of the crimes act 1961

Answer 14

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

Question 15

Aircraft definition under section 2 of the civil aviation act 1990

Answer 15

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

Question 16

Fire definition

Answer 16

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen triggered by heat.

For a fire to start each of the three elements must be present in the correct proportions.