Everything

Question 1

Cameron v R

Answer 1

Recklessness is established if:

(a) The defendant recognised that there was a real possibility that:
(i) His or her actions would bring about the proscribed result; and/or
(ii) That the proscribed circumstances existed; and
(b) Having regard to that risk those actions were unreasonable

Question 2

What is the caselaw in relation to recklessness?

Answer 2

Cameron v R

Recklessness is established if:

(a) The defendant recognised that there was a real possibility that:
(i) His or her actions would bring about the proscribed result; and/or
(ii) That the proscribed circumstances existed; and
(b) Having regard to that risk those actions were unreasonable

Question 3

R v Archer

Answer 3

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment to its use or value.

Question 4

What is the caselaw defining damage?

Answer 4

R v Archer

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment to its use or value.

Question 5

R v Harpur

Answer 5

[The court may] have regard to the conduct viewed 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.

Question 6

What is the caselaw in relation to cumulative actions done prior to an offence?

Answer 6

R v Harpur

[The court may] have regard to the conduct viewed 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.

Question 7

R v Morley

Answer 7

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

Question 8

Which caselaw discusses loss?

Answer 8

R v Morley

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

Question 9

Deliberate

Answer 9

There must be an intention to:

• commit the act
• go get a specific result

Question 10

Intent

Answer 10

The act or omission must be done deliberately. More than accidental.

Question 11

Who has the onus to prove the offender’s intent?

Answer 11

The Crown

Question 12

How do you prove an offender’s intent?

Answer 12

R v Collister

The offender’s actions and words before/during/after the event and the surrounding circumstances.

Question 13

Reckless

Answer 13

Consciously and deliberately taking an unjustifiable risk

Question 14

What must you prove when recklessness is an element in an offence?

Answer 14

1. That the defendant consciously and deliberately ran a risk (subjective test)
2. That the risk was one that was unreasonable given the circumstances as they were known to the defendant (objective test – would a reasonable person have taken the risk)

Question 15

Damage

Answer 15

R v Archer

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment to its use or value.

Question 16

Fire

Answer 16

The result of the process of combustion - a chemical reaction between fuel and oxygen triggered by heat

Question 17

Explosive

Answer 17

• Any substance or mixture or combination of substances which in its normal state is capable of either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect
• Includes gunpowder, nitroglycerine, dynamite, gun-cotton, blasting powder, fulminate of mercury or other metals, coloured flares, fog signals, percussion caps, detonators, cartridges and ammunition of all descriptions
• Any device, contrivance or article which uses any substance or mixture or combination of substances to which para a or b applies as an integral part of it for the purposes or producing an explosion or a ballistic or pyrotechnic effect
• Does not include a firearm or fireworks

Question 18

Property

Answer 18

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 19

How can property be damaged?

Answer 19

It is not necessary that the property is actually set alight; melting, blistering or paint or significant smoke damage may be sufficient.

Only tangible property is capable of being damaged directly.

Intangible property may be damaged indirectly eg info on a computer destroyed by fire.

Question 20

Knowing

Answer 20

Simester and Brookbanks – knowing or correctly believing.. The defendant may believe something wrongly but cannot ‘know’ something that is false.

Question 21

Danger to life

Answer 21

Means human life.

Must be someone other than the defendant.

Question 22

Claim of right

Answer 22

A belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed,

Question 23

Immovable property

Answer 23

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 moveable. Generally of higher value.

Question 24

Vehicle

Answer 24

Contrivance equipped with wheels, tracks or revolving runner on which it moves or is moved

Question 25

Aircraft

Answer 25

As per s2 Civil Aviation Act (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) and includes any aircraft for the time being used as an aircraft of any of the armed forces of any country other than NZ

Question 26

Interest

Answer 26

Not defined. Includes tenancy in a property (R v Wilson)

Question 27

Obtain

Answer 27

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

Question 28

Benefit

Answer 28

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

Question 29

Loss

Answer 29

Not defined. Generally involves financial detriment to the victim.

• R v Morley
• Not necessary that the victim’s loss results in any benefit to the offender

Question 30

Person

Answer 30

Gender neutral. Judicial notice, circumstantial evidence.

Includes organisations, companies, inhabitants

Question 31

Attempts

Answer 31

s72 Crimes Act

Intends to commit the offence AND take a reals and substantial step towards achieving that aim

Question 32

Sufficiently proximate

Answer 32

The offender must have taken a ‘real and practical step’ towards committing the offence.

Question 33

What must the Crown prove to show that someone is guilty of an attempt?

Answer 33

Crown must prove that the defendant intended to commit the full act of arson and acted as he or she did for the purpose of achieving that aim

To be guilty of an attempt the defendant must have progressed past the stage of preparation and commenced a process intended to lead to the commission of the full offence.

Question 34

What must the court look at to determine if a persons actions are sufficiently proximate to constitute an offence?

Answer 34

The court will analyse the defendant’s conduct at the relevant time in conjunction with evidence of their intent

Question 35

LIABILITY: Arson (danger to life)

Answer 35

Section 267(1)(a) Crimes Act 1961
Intentionally OR recklessly
Damages by fire OR damages by means of any explosive
Any property
If he or she knows or ought to know that danger to life is likely to ensue

Question 36

LIABILITY: Arson (no interest)

Answer 36

Section 267(1)(b) Crimes Act 1961
Intentionally OR recklessly
Without claim of right
Damages by fire OR damages by means of any explosive
Any immovable property OR vehicle OR ship OR aircraft
In which that person has no interest

Question 37

LIABILITY: Arson (obtain benefit/cause loss)

Answer 37

Section 267(1)(c) Crimes Act 1961
Intentionally
Damages by fire OR damages by means of any explosive
Any immovable property OR vehicle OR ship OR aircraft
With intent to obtain any benefit or cause loss to any other person

Question 38

Attempted Arson

Answer 38

S268 Crimes Act 1961

Attempts to commit arson in respect of any immovable property or any vehicle, ship or aircraft

Question 39

LIABILITY: Intentional Damage (danger to life)

Answer 39

S269(1) Crimes Act 1961
Intentionally or recklessly
Destroys or damages
Any property
If he or she knows or ought to know that danger to life is likely to result