Definitions

Question 1

Intentionally

Answer 1

In criminal law context there are two specific types of intention in an offence. Firstly an intention to commit the act and secondly an intention to get a specific result

Question 2

Recklessly

Answer 2

Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that consequence complained of could well happen together with an intention to continue the course of conduct regardless of the risk (R v Harney)

Question 3

Damages by Fire

Answer 3

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 my be sufficient.

Question 4

Explosive

Answer 4

Any substance or moisture 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 production a pyrotechnic affect.
Includes: gun powder, gelignite, detonators
Does not include: fireworks, firearm

Question 5

Property

Answer 5

Property includes any real or personal property and any real 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 6

Knows or Ought to know

Answer 6

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

Question 7

Danger to life

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

In relation to any act means a belief at the time of the act in a propriety and 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.

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

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

Question 11

Ship

Answer 11

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

Question 12

Aircraft

Answer 12

Means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth

Question 13

Interest

Answer 13

Not defined by legislation however the courts have held that tenancy of property constitutes an interest in it.

Question 14

Person

Answer 14

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 15

Obtain

Answer 15

Means obtain or retain for himself or herself or any other person

Question 16

Benefit

Answer 16

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

Question 17

Loss

Answer 17

Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.
(R v Morley)

Question 18

Person (wider definition)

Answer 18

Person, owner and other words and expressions of the like kind, include 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 and and the inhabitants of the district of any local authority in relation toe such acts and thinks as it or they are capable of doing or owning