Arson (Other - No Interest)

Question 1

Arson (Other - No Interest) - section and ingredients

Answer 1

Section 267(2)(a) of crimes act

1. Intentionally OR Recklessly
2. And without claim of right
3. Damages by Fire OR Damages by means of explosive
4. Any property (Other than property listed in section 267(1) 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 it about in 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 it not sufficient, there must be a firm intent or a firm purpose to effect and act

Question 5

What is “reckless”

Answer 5

Acting recklessly involves consciously and deliberately taking an unjustifiable risk

Question 6

R v Harney on reckless

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

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 of 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 property 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 of crimes act

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

Property definition under section 2 of crimes act

Answer 11

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