Liabilities Flashcards
ARSON (danger to life)
CA61, S267(1)(a)
14 years
Intentionally
OR
Recklessly
Damages by fire
OR
Damages by means of explosive
Any property
If he or she knows
OR
Ought to know
That danger to life is likely to ensue
ARSON (no interest)
CA61, S267(1)(b)
14 years
Intentionally
OR
Recklessly
And without claim of right
Damages by fire
OR
Damages by means of explosive
Any immovable property/any vehicle/ship or aircraft in which that person has no interest
ARSON (benefit/loss)
CA61, S267(1)(c)
14 years
Intentionally
OR
Recklessly
Damages by fire
OR
Damages by means of explosive
Any immovable property/vehicle/ship/aircraft
With intent to obtain any benefit
OR
Cause loss to any other person
ARSON (other - no interest)
CA61, S267(2)(a)
7 years
Intentionally
OR
Recklessly
And without claim of right
Damages by fire
OR
Damages by means of explosive
Any property (other than property listed in s267(1)) in which that person has no interest
ARSON (other - benefit/loss)
CA61, S267(2)(b)
7 years
Intentionally
OR
Recklessly
Damages by fire
OR
Damages by means of explosive
Any property (other than property listed in S267(1))
With intent to obtain any benefit
OR
Causes loss to any person
ARSON (reckless disregard)
CA61, S267(3)
5 years
Intentionally
Damages by fire
OR
Damages by means of any explosive
Any property
With reckless disregard for the safety of any other property
Intentional Damage
S269(1)
10 years
Everyone who
Intentionally
OR
Recklessly
Destroys
OR
Damages
Any property
If he/she knows
OR
Ought to know
That danger to life is likely to result
Intentional Damage (no interest)
S269(2)(a)
7 years
Everyone who
Intentionally
OR
Recklessly
And without claim of right
Destroys
OR
Damages
Any property in which that person has no interest
Intentional Damage (benefit/loss)
S269(2)(b)
7 years
Everyone who
Intentionally
OR
Recklessly
And without claim of right
Destroys
OR
Damages
Any property
With intent to obtain any benefit
OR
With intent to cause loss
To any other person
Intentional Damage (reckless disregard)
S269(3)
7 years
Everyone who
Intentionally
Destroys
OR
Damages
Any property
With reckless disregard for the safety of any other property
R v Archer
Damages by fire
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value
R v Harney
Reckless
Recklessness means the conscious and deliberate taking kf an unjustified risk. In NZ it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk
R v Morley
Loss
“Loss….is assessed by the extent to which the complainant’s position prior to the (offence) has been diminished or impaired
Intent
In a criminal law context there are two specific types of intention in an offence.
Firstly, there must be an intention to commit the act and secondly, an intention to get a specific result
Damages by fire
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
Explosive - s2, Arms Act 1983
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect
INCLUDES - gun powder, geligite, detonators
DOES NOT INCLUDE - firearms, fireworks
Property - s2, CA61
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
“Life” in this context means human life, and the danger must be to the life of someone other than the defendant
Claim of right - s2, CA61
In relation to any act
Means a belief at the time of the act
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 other matter of law other than the enactment against which the offence is
Alleged to have been committed
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 - s2, CA61
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
Vehicle - s2, LTA 98
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved
Ship - s2, CA61
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 of any country
Aircraft - s2, CAA 90
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
Interest
Not defined by legislation, however the courts have held that TENANCY of a property constituted an interest in it
