Arson Section 267(1)(a) Flashcards
What is the penalty for Arson section 267(1)(a)?
14 years
What are the ingredients of Arson s 267 (1)(a)?
- Intentionally OR Recklessly
- Damages by fire OR damages by means of explosive
- Any property
- If he or she knows OR ought to know that danger to life is likely to ensue
Define intent?
In a criminal law context there are two specific types of intention in an offence.
Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.
Define Reckless?
Recklessness means the conscious and deliberate taking of an unjustified risk.
In NZ it involves proof that the consequence complained of could well happen, together with an intention to continue the course of the conduct regardless of risk.
(R v Harney)
Define “if he or she’s knows”?
“Knowing” Means “knowing, or correctly believing” .. the belief must be a correct one, where the belief is wrong a person cannot know something: simester and brookbanks
Define “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 may be sufficient.
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use.
R V Archer
Define “damages by means of explosive”?
S2 arms act 1983
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing pyrotechnic effect.
Includes: gun powder, gelignite, detonators
Does NOT include: firearms, fireworks
Define “ought to know that danger to life is likely to ensue”?
“Life” in this context means human life, and the danger must be to the life of someone other then the defendant.
