Arson - Arson to Immovable Property in which Offender has no Interest Flashcards
Without Claim of Right
Claim of Right - Section 2, Crimes Act 1961
In relation to any act, means a belief at the time of the act in a propriety 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.
Nature of Belief Required (4 types)
- Belief in the proprietary or possessory right in the property
- Belief must be about the rights to the property in relation to which the offence is alleged to have been committed.
- Belief must be held at the time of the conduct of the alleged offence.
- Belief must be held by the Defendant.
Immovable Property
Property- Section 2, Crimes Act 1961
Considered immovable if it is currently fixed in place AND unable to be moved, even though it may be possible to make it movable.
Vehicle
Vehicle - Section 2(a), Land Transport Act 1998
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
Ship
Ship - Section 2, Crimes Act 1961
Vessel used in Navigation, however propelled and includes any barge, lighter, dinghy, raft or like vessel and also includes any ship belonging to or used as a ship of the armed forces of any country.
Aircraft
Aircraft - Section 2, Crimes Act 1961
Civil Aviation Act - Any aircraft for the time being used as an aircraft of any of the armed forces of any country other than NZ
Section 2, Civil Aviation Act 1990
Any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth.
Interest
Courts have held that Tenancy of Property constitutes interest
Alternative charge in relation to R v WILSON?
Permitting Premises to be used (Section 12(1) of Misuse of Drugs Act 1975)
