s267(1)(b) Arson (Imm Property)

Question 1

Elements

Answer 1

• Intentionally / recklessly
• Without COR
• Damages by fire / damages by means of any explosive
• Any immovable property/vehicle/ship/aircraft
• In which that person has no interest

Question 2

Intentionally

Answer 2

Act or omission done deliberately. Must be more than involuntary or accidental. An intention to commit an act and intention to get a specific result.

COLLISTER - Offenders actions, words, before during and after events, the surrounding circumstances, the nature of the act itself.

Question 3

Recklessly

Answer 3

Acting recklessly - 2 fold test

CAMERON

Question 4

Without COR

Answer 4

COR - s2 CA 1961 - In relation to any act, means a belief at the time of the act, and a proprietary or possessory right in property, although that beliefs may be based on ignorance or mistake of fact.

Question 5

Damage

Answer 5

ARCHER - Property maybe damaged if it suffers temporary or permanent physical harm or temporary or permanent impairment of its use or value

Question 6

Fire

Answer 6

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 heat, must be present in the correct proportions.

Although fire damage is often burning or charring, it is not necessary that the property is actually set alight, it can include melting, blistering of paint or significant smoke damage may suffice.

Question 7

Explosive

Answer 7

s2 Arms Act 1983
(a) any substance, mixture, or combination of substances, which and its normal state are capable either of decomposition at such rapid rate as to result in an explosion or producing a pyrotechnic affect, 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 above, as an integral part of it, for the purpose of producing an explosion or a ballistic or pyrotechnic affect. Does not include firearms, and
(d) Does not include any firework.



Question 8

Immovable Property

Answer 8

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.

Question 9

Vehicle

Answer 9

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

Question 10

Ship

Answer 10

s2 LTA 1998 - every description of vessel used in navigation, however propelled, and includes any barge, lighter, dinghy, raft or like vessel, also include any ship belonging to or used as a ship of the Armed Forces of any country.

Question 11

Aircraft

Answer 11

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.

Question 12

In which that person has no interest

Answer 12

Interest - includes tenancy.