Liabilities Flashcards
s.267(1)(a) Danger to life 14years
1) Intentionally OR Recklessly
2) Damages by Fire or Damages by means of explosive
3) Any Property
4) If He or She Knows or Ought to Know that danger to life is likely to ensue
INTENTIONALLY
INTENT:
A person does something “intentionally” if they mean to do it; they desire a specific result and act with aim or purpose of achieving it.
Intent involves “a decision to bring about, in so far as it lies within the accusers power, the commission of the offence”
R v Mohan
A “fleeting or passing thought” is not sufficient. There must be a firm intent or a firm purpose to effect an act.
R v Waaka
RECKLESSLY
RECKLESS
Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.
(Reckless involves) a foresight that dangerous consequences could well happen, together with an intention to continue that course of action regardless of the risk.
R v Harney
DAMAGES BY FIRE
DAMAGES BY FIRE
Although fire damage will often involve burning or charring, it is not necessary that the property actually be set alight; melting, blistering of paint or significant smoke damage may be sufficient.
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
R v Archer
DAMAGES BY MEANS OF EXPLOSIVE
EXPLOSIVE
section 2 Arms Act 1983
Any substance or mixture or combination of substances which in its normal state is capable of either decomposition at such a rapid rate as to cause an explosion or of producing a pyrotechnic effect.
Includes: gunpowder, gelignites, detonators
Does not include: firearms, fireworks
ANY PROPERTY
PROPERTY
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 and any debt, and anything in action, and any other right or interest.
IF HE OR SHE KNOWS OR OUGHT TO KNOW
KNOWLEDGE
Knowing means “knowing” or “correctly believing”
Simester and Brookbanks
The Defendant may believe something wrongly, but cannot “know” something that is false.
KNOWING THAT DANGER TO LIFE IS LIKELY TO ENSUE
LIFE
Life in this context means human life, and the danger must be to the life of someone other than the defendant.
section 267(1)(b) Crimes Act 1961; 14years
1) Intentionally Or Recklessly
2) And without claim of right
3) Damages by fire OR Damages by means of explosive
4) Any immovable property OR any vehicle OR ship OR aircraft in which that person has no interest
AND WITHOUT CLAIM OF RIGHT
CLAIM OF RIGHT
In relation to any act, means a belief at the time of the act in a proprietary or possessory right in the property in relation to which the offence is alleged to have been committed, although that belief may be base on ignorance or mistake of fact or any matter of law other than the enactment against which the offence is alleged to have been committed.
IMMOVABLE PROPERTY
Immovable
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.
Property
Property includes any real or personal property, or 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.
sec. 2 Crimes Act 1961
VEHICLE
Any contrivance which has wheels, tracks or revolving runners on which it moves or is moved.
PERSON
Gender neutral. Proven by judicial notice or circumstantial evidence.
section 267(1)(c)
1) Intentionally
2) Damages by fire OR Damages by means of explosive
3) Any immovable property OR Vehicle OR Ship OR aircraft
4) With intent to obtain any benefit OR Cause loss to any other person
OBTAIN
Obtain:
Means obtain or retain for himself or herself or any other person.
sec. 217 Crimes Act 1961
