Danger to life

Question 1

Danger to life Section / Act / Penalty

Answer 1

Section 267(1)(a), Crimes Act 1961
14 Years Imprisonment

Question 2

Danger to life Ingredients

Answer 2

• Intentionally OR Recklessly
• Damages by Fire OR Damages by Means of Explosives
• Any Property
• If he or she knows or ought to know that danger to life is likely to ensue

Question 3

Danger to life

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

Danger to life

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 at such a rapid rate

as to result in an
explosion or producing a
pyrotechnic effect.

Includes: gun power, gelignite, detonator

Does not Include: Firearms, fireworks

Question 7

Any property

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

If he or she knows or
ought to know that
danger to life is likely to ensue (Definition Knowledge only)

Answer 8

KNOWLEDGE
Simester and Brookbanks

Knowing means “knowing or correctly believing”.
The defendant may believe something wrongly
but cannot know something that is false.

Question 9

If he or she knows or
ought to know that
danger to life is likely to ensue (Definition Life Only)

Answer 9

LIFE
Life in this context mean human life,
and the danger must be
to the life of someone other than the defendant.

Question 10

What is the SUBJECTIVE and OBJECTIVE test in relation to Section 267 (1)(a)?

Answer 10

SUBJECTIVE test:
What was the defendant thinking at the time?
Did the defendant know that human life was likely to be endangered by his actions?

OBJECTIVE test:
What would a reasonable person have thought in the same circumstances?
Would a reasonable person have recognised the risk?