Liabilities

Question 1

ARSON (danger to life)
CA61, S267(1)(a)
14 years

Answer 1

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

Question 2

ARSON (no interest)
CA61, S267(1)(b)
14 years

Answer 2

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

Question 3

ARSON (benefit/loss)
CA61, S267(1)(c)
14 years

Answer 3

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

Question 4

ARSON (other - no interest)
CA61, S267(2)(a)
7 years

Answer 4

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

Question 5

ARSON (other - benefit/loss)
CA61, S267(2)(b)
7 years

Answer 5

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

Question 6

ARSON (reckless disregard)
CA61, S267(3)
5 years

Answer 6

Intentionally

Damages by fire
OR
Damages by means of any explosive

Any property

With reckless disregard for the safety of any other property

Question 7

Intentional Damage
S269(1)
10 years

Answer 7

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

Question 8

Intentional Damage (no interest)
S269(2)(a)
7 years

Answer 8

Everyone who

Intentionally
OR
Recklessly

And without claim of right

Destroys
OR
Damages

Any property in which that person has no interest

Question 9

Intentional Damage (benefit/loss)
S269(2)(b)
7 years

Answer 9

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

Question 10

Intentional Damage (reckless disregard)
S269(3)
7 years

Answer 10

Everyone who

Intentionally

Destroys
OR
Damages

Any property

With reckless disregard for the safety of any other property

Question 11

R v Archer

Damages by fire

Answer 11

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

Question 12

R v Harney

Reckless

Answer 12

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

Question 13

R v Morley

Loss

Answer 13

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

Question 14

Intent

Answer 14

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

Question 15

Damages by fire

Answer 15

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 16

Explosive - s2, Arms Act 1983

Answer 16

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

Question 17

Property - s2, CA61

Answer 17

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

Question 18

Claim of right - s2, CA61

Answer 18

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

Question 19

Immovable

Answer 19

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

Question 20

Property - s2, CA61

Answer 20

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

Question 21

Vehicle - s2, LTA 98

Answer 21

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

Question 22

Ship - s2, CA61

Answer 22

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

Question 23

Aircraft - s2, CAA 90

Answer 23

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 24

Interest

Answer 24

Not defined by legislation, however the courts have held that TENANCY of a property constituted an interest in it

Question 25

Obtain - s217, CA61

Answer 25

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

Question 26

Benefit - s267(4), CA61

Answer 26

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

Question 27

Person

Answer 27

Gender neutral. Proven by judicial notice or circumstantial evidence

(If it relates to the scenario) - legislation provides a wide definition of the term “person” that incorporates not only real people, but also companies and other organisations

Question 28

R v Harpur

Answer 28

“[The court may] have regard to the conduct viewed cumulatively up to the point when the conduct in question stops….the defendants conduct [may] be considered in its entirety. Considering how much remains to be done….is always relevant, though not determinative.”