Liabilities Flashcards
Arson (life)
267(1)(a)
- 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, high)
267(1)(b)
- Intentionally OR Recklessly
- And without claim of right
- Damages by fire OR Damages by means of explosive
- Any immovable property OR vehicle OR ship OR aircraft in which that person has no interest
Arson (benefit OR loss)
267(1)(c)
- Intentionally
- Damages by fire OR Damages by means of explosive
- Any immovable property OR vehicle OR ship OR aircraft
- With intent to obtain any benefit OR Cause loss to any other person
Arson (no interest, low)
267(2)(a)
- Intentionally OR Recklessly
- And without claim of right
- Damages by fire OR Damages by means of explosive
- Any property (other than listed in s267(1)) in which that person has no interest
Arson (benefit OR loss, low)
267(2)(b)
- Intentionally OR Recklessly
- Damages by fire OR Damages by means of explosive
- Any property (other than listed in s267(1))
- With intent to obtain any benefit OR Cause loss to any other person
Attempted Arson
268
- A person
- Attempts to commit Arson
- In respect of any immovable property OR vehicle OR ship OR aircraft
Intentional Damage (life)
269(1)
- Intentionally OR Recklessly
- Destroys OR Damages
- Any property
- If he or she knows or ought to know that danger to life is likely to ensue
Intentional Damage (no interest)
269(2)(a)
- Intentionally OR Recklessly
- And without claim of right
- Destroys OR Damages
- Any property
- In which that person has no interest
Intentional Damage (benefit OR loss)
269(2)(b)
- Intentionally OR Recklessly
- And without claim of right
- Destroys OR Damages
- Any property
- With intent to obtain any benefit OR Cause loss to any other person
Intentional Damage (safety of property)
269(3)
- Intentionally
- Destroys OR Damages
- Any property
- With reckless disregard for the safety of any other property
Intent
Deliberate act - Act or omission done deliberately
Intent to produce a result - Aim, object or purpose
Recklessly*
A conscious and deliberate taking of an unjustified risk
R v Harney
Recklessly means the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequences complained of could well happen together with an intention to continue the course of conduct regardless of risk.
Proving Recklessness
- That the defendant consciously and deliberately ran the risk (subjective test)
- That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (Objective test)
Damages by fire or explosive*
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value
Fire
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.
- fuel
- oxygen
- heat
Explosive
S2, Arms Act 1983
Any substance or mixture combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect.
Also includes any object in which the above is created.
Does not include fireworks or firearms.
Property
S2, Crimes Act 1961
Includes real or 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 of interest.
Knows or ought to known (life)
The fact that the defendant knowingly puts another person’s life at risk.
- What was the defendant thinking at the time (subjective)
- What would a reasonable person have thought in the circumstances (objective)
Danger to life
The danger must be to the life of another person, not the defendant.
Without claim of right
S2, Crimes Act 1961
Means 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), although that belief may be based on ignorance or mistake of fact or of any matter of law other that the enactment against which the offence is alleged to have been committed.)
WOCoR nature in belief
- The belief must be in a proprietary or possessory right in the property.
- The belief must be about the property in relation to which the offence has been committed.
- The belief must be held at the time of the act.
- The belief must be actually held by the defendant. It is not required to be reasonable or reasonably held and may be based on ignorance or mistake.
Immovable property
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 move
Vehicle
S2 Land Transport Act 1998
A contrivance on wheels, tracks, or revolving runners on which it moves or is moved.
Includes a hovercraft, skateboard, in-line and roller-skates.
Ship
S2 Crimes Act 1961
Every description of vessel used in navigation, however propelled.
Aircraft
S2 Civil Aviation Act 1990
Any machine that can derive support in the atmosphere from the reactions of the air.
Interest
Interest in property is not defined by legislation, however the courts have ruled that tenancy of a property constitutes an interest in it.
Benefit
S267 Crimes Act 1961
Benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.
Cause Loss*
R v Morley
Loss… is assessed by the extent to which the complainant’s position prior to the offence has been diminished.
Criminality can only arise from direct loss. Indirect loss expectation loss (loss of a bargain) and loss of anticipated future profits are not included.
It is not necessary for the victim’s loss to result in any benefit to the offender.
Person
Legislation provides a wide definition of a person that incorporates not only real people but also companies and other organisations.
Recklessness 267(2)(b)
If an offender has damaged property with the intent to cause loos or gain a benefit then it follows that he must have caused the damage deliberately for the purpose of achieving this result. A reckless act that has caused this offence seems inconstant with this.
Arson (Reckless Disregard for the Safety of Other Property)
267(3) Crimes Act 1961
- Intentionally
- Damages by fire OR Damages by means of explosive
- Any property
- With reckless disregard for the safety of any other property
Reckless disregard (Property)
It must be proved that the offender intended to damage some property, recognising that there was a risk of damaging other property as a consequence, but proceeding regardless of that risk.
A person
Is proven by judicial notice or circumstantial evidence.
Intent to commit offence (attempts)
Crown must prove that the defendant intended to commit the full act of arson.
Does or Omits an act (attempts)*
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.
R v Harpur
Includes an act or omission constituting a substantial step in a course of conduct planned to culminate in hiss commission of the crime.
Sufficiently proximate (attempts)*
R v Harpur
The court may have regard for 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.
Intentional Damage vs Arson
Intentional damage is largely the same as Arson offences, however covers damage caused by any means whatsoever and not just fire.
