Arson - No Interest (Other Property) Flashcards Preview

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Flashcards in Arson - No Interest (Other Property) Deck (11)
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1

Section and Penalty

Sec 267 (2) (a) CA61

7 Years Imp

2

Ingredients for Sec 267(2)(a)

Intentionally
OR
Recklessly

And Without Claim of Right

Damages by Fire
OR
Damages by means of explosive

Any Property (Other than property listed in subsection 1)

In Which that Person has No Interest

3

Intentionally

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

4

Recklessly

R v Harney

R v Harney

Reckless means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequence complained of could well happen together with an intention to continue the course of conduct regardless of risk.

5

Without Claim of Right

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, mistake of fact or any matter of law other than the enactment against which the offence is alleged to have been committed.

6

Damages by Fire

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.

7

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.

8

Explosive

Sec. 2 Arms Act 1983

Any substance or mixture or combination of substances which in its 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

9

Property

Sec 2 Crimes Act 1961

Property includes any real and 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.

10

In Which that Person has no Interest

Interest not defined, but court of appeal held that tenancy of a property constitutes an interest in it.

11

R v Wilson

Defendant was attempting to manufacture Methamphetamine at his rented property, when the clan lab ignited and the house burnt down.

The court of appeal ruled that he could not be convicted of Arson as the tenancy of the property constitued an interest in that property and was therefore a defence to S267(1)(b)