Arson (Other - No Interest)

Question 1

Section / Act / Penalty

Answer 1

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

Question 2

Ingredients

Answer 2

• Intentionally OR Recklessly
• And without claim of right
• Damages by Fire OR Damages by Means of Explosives
• Any Property (other than property listed in section 267(1)) in which that person has no interest in

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

And without claim of right

Answer 5

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.

Question 6

Damages by Fire (and case law)

Answer 6

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 7

Damages by Means of Explosives

Answer 7

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 8

Any Property (other than property listed in section 267(1)) in which that person has no interest in (Property definition)

Answer 8

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 9

Any Property (other than property listed in section 267(1)) in which that person has no interest in (Person definition)

Answer 9

PERSON

Gender neutral - proven by judicial notice or circumstantially.

Question 10

Any Property (other than property listed in section 267(1)) in which that person has no interest in (Interest definition)

Answer 10

INTEREST

Not defined by legislation, however the courts have held that tenancy of a property constitutes an interest in it.