Arson Section 267 (1)(b) Flashcards
What is the penalty for s267(1)(b)?
14 years
What are the ingredients for Arson s267(1)(b)?
- Intentionally OR recklessly
- And without claim of right
- Damages by fire OR damages by means of explosive
- Any immovable property OR any vehicle, ship OR aircraft in which that person has no interest
What is intent?
In criminal law context there are two specific types of intention in an offence.
Firstly the intention to commit the act and secondly an intention to get a specific result
What is 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 the intention to continue the course of conduct regardless of risk.
R v Harney
What is 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 or value.
- R V Archer
Define explosive - s2 arms act 1983?
Any substance or mixture or combination of substance 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
Define “and without claim of right”? S2 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
