Arson

Question 1

Arson (1)(a) Section Act Penalty Ingredients

Answer 1

Section: 267(1)(a) Act: Crimes Act 1961 Penalty: 14 years Ingredients 1. Intentionally OR recklessly 2. Damages by fire OR Damages by means of explosives 3. Any Property 4. If he or she knows or ought to know that danger to life is likely to ensue

Question 2

Arson (1)(b) Section Act Penalty Ingredients

Answer 2

Section: 267(1)(b) Act: Crimes Act 1961 Penalty: 14 years Ingredients 1. Intentionally OR recklessly 2. and without claim of right 3. Damages by fire OR Damages by means of explosives 4. Any immovable property OR any vehicle OR ship OR Aircraft in which that person has no interest

Question 3

Arson (1)(c) Section Act Penalty Ingredients

Answer 3

Section: 267(1)(c) Act: Crimes Act 1961 Penalty: 14 years Ingredients 1. Intentionally 2.Damages by fire OR Damages by means of explosives 3. Any immovable property OR any vehicle OR ship OR Aircraft 4. with intent to obtain any benefit OR cause loss to any other person

Question 4

Arson (2)(a) Section Act Penalty Ingredients

Answer 4

Section: 267(2)(a) Act: Crimes Act 1961 Penalty: 7 years Ingredients 1. Intentionally OR recklessly 2. and without claim of right 3. Damages by fire OR Damages by means of explosives 4. Any property (other than property listed on section 267(1) in which that person has no interest

Question 5

Arson (2)(b) Section Act Penalty Ingredients

Answer 5

Section: 267(2)(b) Act: Crimes Act 1961 Penalty: 7 years Ingredients 1. Intentionally 2.Damages by fire OR Damages by means of explosives 3. Any property (other than property listed on section 267(1) in which that person has no interest 4. with intent to obtain any benefit OR cause loss to any other person

Question 6

Ingredients - definitions and caselaw Any property

Answer 6

1. Property

Question 7

Ingredients - definitions and caselaw Any property (other than property listed on section 267(1) in which that person has no interest

Answer 7

1. Property 2. Person

Question 8

Ingredients - definitions and caselaw Damages by fire OR Damages by means of explosives

Answer 8

1. Damages by fire def 2. R V archer OR 1 Explosive

Question 9

Ingredients - definitions and caselaw If he or she knows or ought to know that danger to life is likely to ensue

Answer 9

1. Knowledge 2.life

Question 10

Ingredients - definitions and caselaw and without claim of right

Answer 10

1. claim of right

Question 11

Ingredients - definitions and caselaw Any immovable property OR any vehicle OR ship OR Aircraft in which that person has no interest

Answer 11

1. Immovable property 2. Property 3. Person OR 1. vehicle 2. Person OR 1. Ship 2. Person OR 1. Aircraft 2. Person

Question 12

Ingredients - definitions and caselaw Intentionally

Answer 12

1. Intent 2. R V Mohan 3. R V Waaka

Question 13

Ingredients - definitions and caselaw Any immovable property OR any vehicle OR ship OR Aircraft

Answer 13

1. Immovable property 2. Property OR 1. vehicle OR 1. Ship OR 1. Aircraft

Question 14

Ingredients - definitions and caselaw With intent to obtain any benefit OR cause loss to any other person

Answer 14

1. Intent 2. R V Waaka 3. R V Mohan 4. Obtain 5. Benefit 6. Person (plus extra) OR 1. Intent 2. R V Waaka 3. R V Mohan 4. Loss 5. Person (plus extra)

Question 15

Ingredients - definitions and caselaw Intentionally OR Recklessly

Answer 15

1. Intent def 2. R V Mohan 3. R V Waaka OR 1. Reckless def R V Harney

Question 16

Intent

Answer 16

A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it

Question 17

R V Waaka

Answer 17

A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act

Question 18

R V Mohan

Answer 18

A decision to bring about, in so far as it lies within the accused power, the commission of the offence

Question 19

R V Harney

Answer 19

(Recklessness involves)…. foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk

Question 20

R V Archer

Answer 20

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

Question 21

R v Morley

Answer 21

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

Question 22

reckless

Answer 22

Acting “recklessly” involve consciously and deliberately taking an unjustifiable risk

Question 23

Explosive

Answer 23

Any substance or mixture or combination of substances which in it’s 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 Section 2, Arms Act 1983

Question 24

knowledge

Answer 24

Knowing means knowing or correctly believing Simester and Brookbanks The defendant may believe something wrongly, but cannot know something that is false

Question 25

Damages by fire

Answer 25

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 26

Property

Answer 26

Includes any real or personal property and any estate or interest in any real or personal property, money, electricity or any debt or any thing in action or any other right or interest Section 2, Crimes Act 1961

Question 27

Life

Answer 27

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

Question 28

Claim of right

Answer 28

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 29

vehicle

Answer 29

Means a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved Section 2 Land Transport Act 1998

Question 30

Ship

Answer 30

Means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft, or like vessel; and also included any ship belonging to or used as a ship of the armed forces of any country Section 2, Crimes Act 1961

Question 31

Aircraft

Answer 31

means any machine that can derive support in the atmosphere from the reaction of the air otherwise than by the reactions of the air against the surface of the earth Section 2, Civil Aviation Act 1990

Question 32

Immovable property

Answer 32

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. In general, it relates to buildings and land and things growing on land, such as forrests

Question 33

Obtain

Answer 33

means obtain or retain for himself or herself or any other person Section 217, Crimes Act 1961

Question 34

Benefit

Answer 34

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

Question 35

Person (if applicable, obtain any benefit or cause loss)

Answer 35

Gender Neutral. Proven by judicial notice or circumstantial evidence **** (add only if relates) Legislation provides a wide definition of the term person that incorporates not only real people, but also companies and other organisations. Section 2, Crimes Act 1961