Liability - Arson 267(2)(b) - Obtain benefit or cause loss

Question 1

Section and Penalty

Answer 1

Sec 267 (2) (b) CA61

7 Years Imp

Question 2

Ingredients for Sec 267(2)(b)

Answer 2

Intentionally
OR
Recklessly

Damages by Fire
OR
Damages by means of explosive

Any Property (Other than property listed in subsection 1)

With Intent to Obtain any Benefit
OR
Cause Loss to any Person

Question 3

Intentionally

Answer 3

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 4

Recklessly

R v Harney

Answer 4

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 5

Damages by Fire

Answer 5

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 6

R v Archer

Answer 6

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

Question 7

Explosive

Answer 7

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

Question 8

Property

Answer 8

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 9

With Intent to Obtain any Benefit

Answer 9

Obtain
Means to obtain or retain for himself, herself or any other person

Benefit (S267(4) CA61)
Any benefit, pecuniary advantage, valuable consideration, property, service or privilege

Question 10

Cause Loss to Any Person

R v Morley

Answer 10

R v Morley

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

Question 11

Person

Answer 11

Gender neutral. Proven by judicial notice or circumstantial evidence.

Under this section person includes organisations and companies