Definitions

Question 1

Fire

Answer 1

Is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. In order for fire to start or continue, all three elements must be present and in correct proportions

Question 2

Intent

Answer 2

Intent is made up of two parts - First there must be an intent to commit the physical act itself and secondly an intent to achieve a specific result

Question 3

Reckless

Answer 3

1. That the defendant consciously and deliberately ran a risk (a subjective test)
2. 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).

R V HARNEY
Recklessness is the conscious and deliberate taking of an unjustifiable risk. In NZ it involves proof that the consequence complained of could well happen together with an intent to continue the course of conduct regardless of the risk

Question 4

Damages by Fire

Answer 4

The prosecution must prove that property has been damaged as result of the defendants actions. Damage by fire can include burning, charring, blistering of paint, melting and significant smoke damage.
R V ARCHER
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment in its value or use

Question 5

Explosive - Section 2 Arms Act 1983

Answer 5

Means any substance or mixture or combination of substances which in its normal state is capable of either decomposition at such a rapid rate so as to result in an explosion or producing a pyrotechnic effect

Question 6

Property

Answer 6

Includes any real and 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 7

Knows or ought to know

Answer 7

Knowing means to know or correctly believe. A defendant may believe something incorrectly but cannot know something that is false

Question 8

Danger to life

Answer 8

‘Life’ in this context means human life. The danger must be to the life of someone other than the defendant.

Question 9

Claim of right

Answer 9

in relation to any act means a belief at the time of the action 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.

Question 10

Immovable property

Answer 10

Property is considered immovable if it is fixed to the ground and unable to be moved, even though it may be possible to make it moveable.

Question 11

Vehicle

Answer 11

A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.

Question 12

Ship

Answer 12

Means every description of vessel used in navigation however propelled and includes and barge, lighter, raft or dinghy. Also includes and ship belonging to or being used by the armed forces of any country.

Question 13

Aircraft

Answer 13

Means any machine capable of deriving support in the atmosphere by the reactions of air otherwise than by the reactions of the air against the surface of the earth.

Question 14

Interest

Answer 14

‘Interest’ in property is not defined by legislation. The courts have held that tenancy of a property constitutes an interest in it.

Question 15

Obtain

Answer 15

Means to obtain or retain for himself, herself or any other person.

Question 16

Benefit

Answer 16

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

Question 17

Loss

Answer 17

R V MORLEY

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

Question 18

Person

Answer 18

‘Person’ has a wide definition under s2 of the Crimes Act and includes not only real people, but also companies and other organizations such as;

The Crown and any public body or local authority, and any board, society or company, and any other body of persons whether incorporated or not.

Question 19

Attempt

Answer 19

Intend to commit the offence
Take a real and substantial step towards achieving that aim

R v HARPUR
The court may have regard to the conduct view cumulatively up to the point when the conduct in question stops. The defendant’s conduct may be considered in its entirety. Considering how much remains to be done is always relevant, though not determinative.