Definitions

Question 1

Intentionally defined?

Answer 1

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 and secondly an intention to get a specific result.

Question 2

Circumstantial evidence from which an offenders intent may be inferred can include?

Answer 2

• The offenders actions and words before, during and after the event.
• The surrounding circumstances
• The nature of the act itself.

Question 3

Recklessness defined?

Answer 3

Acting recklessly involves consciously and deliberately taking an unjustifiable risk.

Question 4

Recklessness case law?

Answer 4

R V HARNEY (1987)
Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the circumstances complained of could well happen, together with an intention to continue the course regardless of the risk.

Question 5

Proving recklessness?

Answer 5

In proving recklessness the following must be proved:

• That the defendant consciously and deliberately ran a risk (subjective test)
• That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (objective test - based on whether a reasonable person would have taken the risk).

Question 6

Examples of damage?

Answer 6

Although fire damage will often involve burning or charring, it is not necessary that the property was actually set alight, melting, blistering of paint or significant smoke damage may be sufficient.

Question 7

Damage case law?

Answer 7

R V ARCHER
Property may be damaged if it suffers temporary or permanent physical harm or temporary of permanent impairment of its use of value.

Question 8

Fire defined?

Answer 8

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.

Question 9

Explosive defined?

Answer 9

Explosive means 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 a pyrotechnic effect.

Question 10

Danger to life case law?

Answer 10

SIMESTER AND BROOKBANKS

Knowing or correctly believing, the defendant may believe something wrongly but cannot know something that is false.

Question 11

Life defined?

Answer 11

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

Question 12

Claim of right?

Answer 12

Claim of right in relation to any act, means a belief at the time of the act in a proprietary or possessory right in property on 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 that the enactment against which the offence is alleged to have been committed.

Question 13

Vehicle defined?

Answer 13

Vehicle means a contrivance equipped with wheels tracks or revolving runners on which it moves or is moved.

Question 14

Ship defined?

Answer 14

Ships means every description of vessel used in navigation, however propelled and includes any barge, lighter, dinghy, raft, or like vessel, and also includes and ship belonging to or used as a ship of the armed forces of any country.

Question 15

Aircraft Defined?

Answer 15

Aircraft means any machine that can derive support in the atmosphere from the reaction of the air otherwise than by the reaction of the air against the surface of the air.

Question 16

Immovable Property defined?

Answer 16

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

Question 17

Obtain defined?

Answer 17

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

Question 18

Benefit defined?

Answer 18

Benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

Question 19

Loss case law?

Answer 19

R V MORLEY

Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.

Question 20

Property defined?

Answer 20

Property includes real and 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.

Question 21

Attempts Case Law?

Answer 21

R V HARPUR
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops the defendants conduct may be considered in its entirety. considering how much remains to be done is always relevant, though not determinative.