Arson

Question 1

Section

Answer 1

Sec 267 (1) (a) or (b) or (c)

Question 2

Penalty

Answer 2

14 years imprisonment

Question 3

Ingredients for Sec 267(1)(a)

Answer 3

• Intentionally
  OR
  Recklessly
• Damages by Fire
  OR
  Damages by means of explosive
• Any Property
• If he or she knows or ought to know danger to life is likely to ensue

Question 4

Intentionally

Answer 4

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 5

Recklessly

Answer 5

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 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

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
Sec. 2 Arms Act 1983

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

If he or she knows or ought to know

Knowledge

Answer 10

Simester and Brookbanks: Principles of Criminal Law

Knowing means knowing or correctly believing. The defendant may believe something wrongly but can not know something that is false.

Question 11

That danger to life is likely to ensue

Danger to life

Answer 11

Life in this context means human life, and the danger must be to the life of someone other than the defendant.

Question 12

Section 267 (1) (b)

Ingredients

No interest

Answer 12

• Intentionally
  OR
  Recklessly
• And without claim of right
• Damages by Fire
  OR
  Damages by means of explosive
• Damages any immovable property or any vehicle, ship or aircraft in which that person has no interest

Question 13

Without claim of right

Answer 13

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

Section 2, Crimes Act 1961

Question 14

Immovable property

Answer 14

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 movable.

Question 15

Vehicle

Answer 15

Means a contrivance equipped with wheels tracks or revolving runners on which it moves or is moved.

Section 2, Land transport act 1998

Question 16

Ship

Answer 16

Section 2 Crimes Act 1961

Means every description of every 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 17

Aircraft

Answer 17

Means 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.

Section 2, Civil Aviation Act 1990

Question 18

Section 267 (1) (c)

Ingredients

Benefit/loss

Answer 18

• Intentionally
• Damages by Fire
  OR
  Damages by means of Explosive

- Any immovable property 
OR 
vehicle 
OR 
aircraft 
OR 
ship

• With intent to obtain benefit
  OR
  cause loss to any person

Question 18

Section 267(2)(a)
Ingredients

Other-no interest

Answer 18

7yrs Imp

Intentionally
OR
Recklessly

And without claim of right

Damages by fire
OR
Damages by means of explosive

Any property (other than property listed in section 267(1)) in which that person has no interest

Question 19

Obtain

Answer 19

Means obtain or retain for himself or any other person

Section 217, Crimes Act 1961

Question 19

Benefit

Answer 19

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

Section 267(4), Crimes Act 1961

Question 20

R v Morley (loss)

Answer 20

Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.

Question 21

Section 267(2)(b)
Ingredients

Other-benefit/loss

Answer 21

7yrs Imp

Intentionally
OR
Recklessly

Damages by fire
OR
Damages by means of explosive

Any property (other than property listed in section 267(1))

With intent to obtain any benefit or cause loss to any person

Question 23

Attempted Arson

Answer 23

S268 CA 61

10 years imprisonment

Must be sufficiently proximate to the offence

Question 25

Subjective/objective test for knowledge

Answer 25

Subjective Test:
What was the defendant thinking at the time? Did the defendant know that human life was likely to be endangered by his actions?

If there is insufficient evidence that the defendant was conscious of the risk the next question is:

Objective Test:
What would a reasonable person have thought if placed in the same circumstances? Would a reasonable person have recognised the risk?