Liability - Arson 267(1)(b) - No interest Flashcards
Section and Penalty
Sec 267 (1) (b) CA61
14 Years Imp
Ingredients for Sec 267(1)(b)
Intentionally
OR
Recklessly
And Without Claim of Right
Damages by Fire
OR
Damages by means of explosive
Any Immovable Property
OR
Any Vehicle, Ship or Aircraft
In Which that Person has No Interest
Intentionally
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.
Recklessly
R v Harney
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.
Without Claim of Right
S2 CA61
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.
Damages by Fire
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.
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.
Explosive
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
Immovable Property
Property that is currently fixed in place and unable to be moved, even though it may be possible to make it moveable.
Generally higher value property
Vehicle, Ship or Aircraft
Vehicle
Contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved
Ship
Vessel used in navigation, however propelled
Aircraft
Any machine that can derive support in the atmosphere from the reactions of air
In Which that Person has no Interest
Interest not defined, but court of appeal held that tenancy of a property constitutes an interest in it.
R v Wilson
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)
