Arson (Other - Benefit/Loss)

Question 1

Section / Act / Penalty

Answer 1

Section 267(2)(b), Crimes Act 1961
7 Years Imprisonment

Question 2

Ingredients

Answer 2

• Intentionally OR Recklessly
• Damages by Fire OR Damages by Means of Explosives
• Any Property (other than property listed in section 267(1))
• With intent to obtain any benefit OR Cause Loss to any other Person

Question 3

Intentionally

Answer 3

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.

Question 4

Recklessly

Answer 4

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

Question 5

Damages by Fire (and case law)

Answer 5

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.

Question 6

Damages by Means of Explosives

Answer 6

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

Question 7

Any Property (other than property listed in section 267(1))

Answer 7

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.

Question 8

With intent to obtain any benefit

Answer 8

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.

OBTAIN - Sec 217, Crimes Act 1961
Means to obtain or retain for himself or herself or any other person.

BENEFIT - Sec 267(4), Crimes Act 1961
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration.

Question 9

Cause Loss to any other person

Answer 9

LOSS - R v Morley
Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.

PERSON
Gender neutral - proven by judicial notice or circumstantially.

Legislation provides a wide definition of the term ‘person’ that incorporates not only real people but also companies and other organisations - Sec 2, Crimes Act 1961 (Only include if relevant to the scenario)