Reckless disregard Flashcards
1
Q
Arson (Reckless Disregard)
Act section penalty
A
Section 267(3)
Crimes Act 1961
P: 5 Years Imprisonment
2
Q
Reckless disregard
Ingredients
A
- Intentionally
- Damages By Fire OR Damages by Means of Explosives
- Any Property
- With Reckless Disregard for Safety of Other Property
3
Q
What must be proved in relation to “Reckless Disregard?”
A
The offender INTENDED to
damage some property
Recognising there was a risk
of damaging other property
as a consequence
but proceeded regardless of the risk.
4
Q
Reckless Disregard
A
Case Law - R v HARNEY
Reckless means a conscious or deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequences complained of could have well happened together with an intention to continue the course of conduct regardless of the risk.
