s267(1)(c) Arson (Benefit/Loss) Flashcards
Elements
- Intentionally
- Damages by Fire / damages by means of any explosive
- Any immovable property/vehicle/ship/aircraft
- With intent to obtain any benefit / cause loss to any other person.
Intentionally
Intent - act or omission done deliberately. Must be more than involuntary or accidental. Intention to commit an act and intention to get a specific result.
COLLISTER - Offenders actions, words, before during and after event, the surrounding circumstances, the nature of the act itself.
Damage
ARCHER - Property maybe damaged if it’s suffers temporary or permanent physical harm or temporary or permanent impairment of its use or value.
Fire
The result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. For fire to start or continue, each of the three elements, fuel oxygen and heat, must be present in the correct proportions.
Although fire damage is often burning or charring, it is not necessary that the property actually be set alight, it can include melting, blistering of paint or significant smoke damage my suffice.
Explosives
s2 Arms Act 1983:
(a) any substance, mixture, or combination of substances, which in its normal state are capable either of decomposition at such rapid rate as to result in an explosion or producing a pyrotechnic effect, and
(b) includes gunpowder, dynamite, gun cotton, blasting powder, coloured flares, fog signals, fuses, rockets, detonators, ammunition, and
(c) includes any device, contrivance or article, which uses any substance or mixture or combination of substances in A or B, as an integral part of it, for the purpose of producing an explosion or a ballistic or pyrotechnic effect. Does not include firearms, and
(d) Does not include any firework.
Immovable property
Property - s2 CA 1961 - includes any real and personal property, and any estate or interest in any real or personal property, includes money electricity and any debt, and anything in action, and any other rights or interest.
Immovable - Fixed in place and unable to be moved even though it may be possible to make it movable.
Vehicle
s2 LTA 1998
(a) Contrivance quipped with wheels, tracks, or revolving runners on watch it moves or is moved, and
(b) includes a hovercraft, skateboard, in-line skates, rollerskates, but
(c) does not include:
- Pushchair
- Shopping trundler
- Wheelbarrow
- Lawnmower
- Furniture
- Wheelchair
Ship
s2 LTA 1998 - every description of this or used in navigation, however propelled, and includes any barge, lighter, dinghy, raft or like vessel, also include any shit belonging to or used as a ship of the Armed Forces of any country.
Aircraft
s2 CA 1961 - same meaning as civil aviation act 1990, and includes any aircraft for the time being, used as an aircraft of any of the Armed Forces of any country other than New Zealand.
s2 Civil Aviation Act 1990 - any machine that can drive support in the atmosphere from the reactions of the air, otherwise then by the reactions of the air against the surface of the earth.
With intent to obtain any benefit
Intent
COLLISTER
Obtain - s217 CA 1961 - in relation to any person, means obtain or retain for himself/herself or for any other person.
Benefit - s267(4) CA 1961 - Means any benefit, pecuniary advantage, privilege, property, service or valuable consideration.
With intent to cause loss to any other person.
Cause Loss - Financial detriment to the victim. Not necessary that the victims loss caused benefit to the offender.
MORLEY - loss is assessed by the extent to which the complainant‘s position prior to the offence has been diminished or impaired.
Person - s2 CA 1961 - person, owner and other words and expressions of the like kind, include the crown and any public body or local authority, and any board society or company, and any other body of persons, whether Incorporated or not, and the inhabitants of the district of any local authority, in relation to such acts and things as it or they are capable of doing or owning.
