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Flashcards in Arson - Danger to life Deck (9)
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1
Q

What is the act, section and penalty for arson

A

S267(1)(a) CA61

14 yrs

2
Q

What the 4 elements

A
1- Intentionally OR recklessly 
2- Damage by fire
Or 
Damages by means of explosive 
3- Any property
4- If he or she knows 
Or 
Ought to know that danger to life is likely
3
Q

What is the definition of INTENT

A

There are two specific types of intention in an offence. First there must be an intention to commit an act. Second there must be an intent to get a specific result.

4
Q

What is the definition of RECKLESS

A

Reckless- R v Harney
- Recklessness involves consciously and deliberately taking an unjustifiable risk. It NZ it involves proof that the consequences could well happen together with an intent to continue the act regardless of the risk.

5
Q

In relation to DAMAGES BY FIRE what 2 point needs should be covered this includes case law

A

Damage by fire
- Fire damage involves burning or charring. It is not necessary for the property to be set alight, melting, blistering of paint or smoke damage is sufficient.

R v Archer
- Property can be damage if it suffers permanent or temporary physical harm or permanent or temporary impairment of use or value.

6
Q

What is the definition of EXPLOSIVE and section

A

Explosive- S2 Arms Act 83
- Any substances or mixture or combination of substances in it normal state is capable of decomposition at such a rapid rate as to result in explosion.
includes- Gunpowder
Does not include-Firearms or fireworks.

7
Q

what is the definition of PROPERTY and what section

A

Property - S2 CA 61
- Property includes any real or personal property and any estate or any interest in any real or personal property, money, electricity or debt or anything in action or any other right of interest

8
Q

What is the definition of knowledge as per case law.

A

Simester and Brookbanks- Knowledge
- Knowing means knowing or correctly believing. The defendant may believe something wrongly but can not know something that is false.

9
Q

What is life

A

Life means human life and the danger must be to the life of someone other than the defendant

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