Arson Liabilities - Definitions Flashcards
Intentionally
Intent
There must be an intention
- To Commit the Act AND
- To Get a Specific Result
“Intent” means that an act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.
R v COLLISTER
Recklessly
Acting Recklessly
“Recklessness” is an element in an offence the following must be proved:
(1) Def consciously and deliberately ran a risk (SUBJECTIVE TEST)
(2) The risk was one that was unreasonable to take in the Circs as they were known to the Def (OBJECTIVE TEST).
- Based on whether a reasonable person would have taken the risk
CAMERON v R
* R V TIPPLE*
Damages by Fire
Damages by Fire
- Scorched, Charred, Melting, Blistering of paint, Smoke damage
R v ARCHER
Damages by Means of any Explosive
Damages by Fire of Any Explosive
- Explosive - Section 2(1), Arms Act 1983
- Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect
Any Property
Property - Section 2, Crimes Act 1961
- Includes real & personal property and any estate or interest in any real or personal property (money , electricity) and any debt, or anything in action and any other right or interest
If He OR She knows OR Ought to know that Danger to Life is likely to Ensure
Danger to Life
“Life” in this context means human life and the danger must be to the life or someone other than the Defendant
R v SMITH
Knowledge
AP SIMESTER & WJ BROOKBANKS
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.
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.
In which that person has no interest
R v WILSON
Tenancy of a property constitutes an interest in it.
With intent to Obtain any Benefit
Obtain - Section 217, Crimes Act 1961
In relation to any person means obtain or retain for himself / herself or for any other person
Benefit - Section 267(4), Crimes Act 1961
Means any benefit, pecuniary advantage, privilege, property, service or valuable consideration
Cause Loss to any other Person
Loss - Is defined by statute, but in most cases will involve financial detriment to the Victim
MORLEY V R
Person - Section 2, Crimes Act 1961
Person/Owner, includes Crown and any public body or local authority, any board, society, company, any other body of persons.
Damage
Physical harm that makes something less attractive, useful or valuable
