Definitions

Question 1

Intentionally

Answer 1

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.
R v Mohan
R v Waaka

Question 2

Recklessly

Answer 2

Reckless: Acting “recklessly” involves consciously and deliberately taking an unjustified risk.
R v Harney

Question 3

Damages by fire

Answer 3

Although fire damage will often include burning and charring, it is not necessary that the property is actually set alight; melting, blistering paint or significant smoke damage may be sufficient.
R v Archer

Question 4

Damages by means of explosive

Answer 4

Arms Act 1983 Sec. 2

(a) Any substance or mixture or combination of substances, which in its natural state is capable of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect.
(b) Includes gun powder, gelignite and detonators, fulminate of magnesium, nitroglycerin, fuses, detonators, flares, for signals, dynamite.
(c) Includes any device, contrivance, or article, which uses any substance or mixture or combination of substances as an integral part of it for the purpose of producing an explosion or ballistic or pyrotechnic effect; Does not include Firearms
(d) Does not include any fireworks.

Question 5

Property

Answer 5

Crimes Act 1961 Sec. 2

Includes 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 6

If he or she knows or ought to know

Answer 6

Knowing means to “know or correctly believe”
Simester and Brookbanks
The defendant may believe something wrongly, but cannot “know” something that is false

Question 7

danger to life is likely to ensue

Answer 7

“Life” in this context means human life, and the danger must be to the life of someone other than the defendant.

Question 8

claim of right

Answer 8

Crimes Act 1961 Sec. 2
In relation to any act, means a belief at the time of the act in a proprietary or possessory right in the property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance, mistaken fact, or of any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 9

Immovable Property

Answer 9

Property will be considered immovable if it is currently fixed in place and unable to be moved, even though it may be possible to make it movable.

Question 10

Vehicle

Answer 10

Land Transport Act 1998 Sec. 2

(a) Means any contrivance equipped with wheels, tracks or revolving runners on which it moves or if moved.
(b) includes a hovercraft, skateboard, in-line skates and roller skates
(c) Does not include, pushchair, non mechanical shopping / sporting trolley, wheel barrow or hand trolley, lawnmower, furniture, non mechanical wheelchair, rail vehicle.

Question 11

Ship

Answer 11

Crimes Act 1961 Sec. 2
Means every description of vessel used in navigation, however propelled, and includes any barge, lighter, dingy, raft, and also includes any ship belonging to or anything used as a ship to the armed forces of any country.

Question 12

Aircraft

Answer 12

Civil Aviation Act 1990 Sec. 2
Means a machine capable of deriving support in the atmosphere from the reactions of the air otherwise than the reactions of the air against the surface of the earth.

Question 13

Person

Answer 13

Gender neutral. Proven by Judicial Notice or circumstantially.

Question 14

Obtain

Answer 14

Crimes Act 1961 Sec. 217

In relation to any person means to obtain or retain for himself or herself or any other person.

Question 15

Benefit

Answer 15

Crimes Act 1961 Sec. 267 (4)

Any benefit, pecuniary advantage, privilege, property, service or valuable consideration.

Question 16

Cause loss

Answer 16

Loss … is assessed by the extent to which the complainant’s position prior to the [offence] has been diminished or impaired.

Question 17

Companies

Answer 17

Crimes Act 1961 Sec 2
Legislation provides a wide definition of the term “person” that incorporates not only real people, but also companies and other organisations.

Question 18

With reckless disregard for the safety of any other property

Answer 18

It must be proved that the offender intended to damage some property, recognising that there was risk of damaging other property as a consequence, but proceeded regardless of that risk.