Arson (2b) Flashcards Preview

CIB Induction - Auckland 2017 > Arson (2b) > Flashcards

Flashcards in Arson (2b) Deck (13)
Loading flashcards...
1
Q

Arson (2b)

A

Section 267 (2) (b), Crimes Act 1961

2
Q

Penalty

A

7 years

3
Q

Elements

A
  1. Intentionally OR recklessly
  2. Damages by Fire OR Damages by means of explosive
  3. Any property (other than property listed in section 267 (1))
  4. With intent to obtain any benefit OR cause loss to any person
4
Q

Intent

A

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.

5
Q

Reckless - R v Harney

A

Recklessness 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.

6
Q

Damages by Fire

A

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.

7
Q

R v Archer

A

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

8
Q

Explosive

A

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 or fireworks
Section 2, Arms Act 1983

9
Q

Property

A

Property includes any 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 or interest
Section 2, Crimes Act 1961

10
Q

Obtain

A

Obtain in relation to any person, means obtain or retain for himself or herself or for any other person
Sec 217 Crimes Act 1961

11
Q

Benefit

A
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration.
Section 267 (4), Crimes Act 1961
12
Q

R v Morley

A

Loss … is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.

13
Q

Person & Groups

A

Gender Neutral. Proven by judicial note or circumstantially.

Also includes companies and other organisations

Decks in CIB Induction - Auckland 2017 Class (65):