Arson

Question 1

S267(1)(a) - ingredients

Answer 1

1) intentionally OR recklessly
2) Damages by fire OR damages by means of explosive
3) Any property
4) if he/she knows or ought to know that danger to life likely to ensue.

Question 2

s267(1)(b) - ingredients

Answer 2

1) Intentionally OR recklessly. AND
2) without claim of right
3) Damages by fire OR damages by means of explosive
4) Any immovable property or any vehicle, ship or aircaft in which that person has no interest

Question 3

s267(1)(c) - ingredients

Answer 3

1) Intentionally OR recklessly AND
2) Damages by fire OR damages by means of explosive
3) Any immovable property OR vehicle OR ship OR aircraft
4) With intent to obtain any benefit OR Cause loos to any person.

Question 4

s267(2)(a) - ingredients

Answer 4

1) Intentionally OR recklessly AND
2) Without claim of right
3) Damages by fire or Damages by means of explosive
4) Any property (other than listed in S267(1) in which that person has no interest

Question 5

s267(2)(b) - ingredients

Answer 5

1) Intentionally OR recklessly
2) Damages by fire OR damages by means of explosive
3) Any property (other than listed in S267(1)
4) with intent to obtain any benefit OR cause loss to any person

Question 6

Definition of intent

Answer 6

Two types of inent

1) Intention to commit the act
2) Intention to get a specific result.

Proven by offender admission and circumstantial evidence including

• Offender’s action and words before, during, after the event
• Surrounding circumstance
• Nature of the act itself.

Question 7

Reckless - Case Law

Answer 7

R v HARNEY
Consciously and deliberately taking an unjustified risk. In NZ it requires proof that the consequence complained of could well happen TOGETHER with an intention to continue the course of conduct regardless of risk

Question 8

Proving recklessness

Answer 8

1) The defendant consciously and deliberately ran a risk (Subjective test)
2) The risk was one that was unreasonable - based on whether a reasonable person would have taken the same risk in the circumstances (Objective test)

Question 9

Damages by fire

Answer 9

Fire damage will often involve burning or charring but is not entirely necessary that property is set alight; melting, blistering of paint or significant smoke damage my be sufficient

Question 10

Damages by fire - Case Law

Answer 10

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

Question 11

Property

Answer 11

Includes 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

Question 12

Knowing or ought to know

Answer 12

Knowing or correctly believing a danger to life is likely to ensue is the aggravating factor that heightens the seriousness of offending

Question 13

Danger to life

Answer 13

Danger must be to any person other than defendant. Subjective and objectives tests are used to prove a defendant’s degree of knowledge

Question 14

Claim of right - definition

Answer 14

In relation to any act, means a belief at the time of the act in a proprietary or possessory right to the property in relation to the alleged offence

Question 15

Immovable property

Answer 15

Fixed in place and unable to be moved. Relates to building and land and things growing on land

Question 16

Benefit - s267(4) definition

Answer 16

Any benefit, pecuniary advantage, privilege, property, service or valuable consideration

Question 17

Person (Arson)

Answer 17

Includes real people, companies and other organisations

Question 18

Aggravating factors

Answer 18

267(1)(a) - knowingly putting a person(s) life in danger
267(1)(b) and (c) - damaging property generally of hight value
267(2) - deals with damage to property that is generally of lesser value and there is no risk to life

Question 19

Obtain

Answer 19

Obtain or retain for himself or herself or any other person

Question 20

s267(3) - ingredients

Answer 20

1) Intentionally
2) Damages by fire OR by means of explosive
3) Any property
4) With reckless disregards for the safety of any other property

Question 21

Reckless disregard

Answer 21

The offender intended to damage some property, recognising that there was a risk of damaging OTHER property as a consequence, but proceeded regardless of that risk