Definitions and Case Law

Question 1

INTENT

Answer 1

In a criminal law context there are two specific types of Intent. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result

Question 2

RECKLESSNESS

R v HARNEY

Answer 2

Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.

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 may be sufficient.

Question 4

FIRE DAMAGE

R v ARCHER

Answer 4

Property may be damaged by fire if it suffers permanent or temporary physical harm, or permanent or temporary impairment of its use or value.

Question 5

EXPLOSIVE DEFINITION

Answer 5

Section 2. Arms Act 1983

Any substance or mixture or combination of substances which in it’s 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 powder, gelignite, detonators etc

Question 6

PROPERTY DEFINITION

Answer 6

Section 2 Crimes Act 1961

Property includes any real or personal property and any estate or interest in any real or personal property, money, electricity, debt, and anything in action, and any other right or interest.

Question 7

KNOWING

SIMESTER AND BROOKBANKS

Answer 7

Knowing means “knowing or correctly believing”… the belief must be a correct one, where the belief is wrong a person cannot know something.

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

Section 2. Crimes Act 1961

In relation to any act, means a belief at the time of the act in a proprietary or possessory right in relation to which the offence is alleged to have been committed, although that 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 10

IMMOVABLE PROPERTY

Answer 10

Property will be considered immovable if it is currently fixed in place and unable to be moved.

Question 11

VEHICLE

Answer 11

Section 2. Land Transport Act 1998

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

Question 12

PERSON

Answer 12

Gender neutral, proven by judicial notice or circumstantial evidence.

Question 13

LOSS

R v MORLEY

Answer 13

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

Question 14

BENEFIT DEFINITION

Answer 14

Section 267 (4). Crimes Act 1961

Benefit means any privilege, property, service pecuniary advantage, valuable consideration,