Liability - Arson 267(2)(a) - No Interest

Question 1

Section and Penalty

Answer 1

Sec 267 (2) (a) CA61

7 Years Imp

Question 2

Ingredients for Sec 267(2)(a)

Answer 2

Intentionally
OR
Recklessly

And Without Claim of Right

Damages by Fire
OR
Damages by means of explosive

Any Property (Other than property listed in subsection 1)

In Which that Person has No Interest

Question 3

Intentionally

Answer 3

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 4

Recklessly

R v Harney

Answer 4

R v Harney

Reckless means the conscious and deliberate taking of 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 5

Without Claim of Right

Answer 5

In relation to any act 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, mistake of fact or any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 6

Damages by Fire

Answer 6

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 7

R v Archer

Answer 7

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

Question 8

Explosive

Answer 8

Sec. 2 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, gelignite, detonators

Does Not Include: Firearms, fireworks

Question 9

Property

Answer 9

Sec 2 Crimes Act 1961

Property includes any 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 10

In Which that Person has no Interest

Answer 10

Interest not defined, but court of appeal held that tenancy of a property constitutes an interest in it.

Question 11

R v Wilson

Answer 11

Defendant was attempting to manufacture Methamphetamine at his rented property, when the clan lab ignited and the house burnt down.

The court of appeal ruled that he could not be convicted of Arson as the tenancy of the property constitued an interest in that property and was therefore a defence to S267(1)(b)