Definitions

Question 1

Deliberate

Answer 1

There must be an intention to:

• commit the act
• go get a specific result

Question 2

Intent

Answer 2

The act or omission must be done deliberately. More than accidental.

Question 3

Reckless

Answer 3

Consciously and deliberately taking an unjustifiable risk

Question 4

Damage

Answer 4

R v Archer

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment to its use or value.

Question 5

Fire

Answer 5

The result of the process of combustion - a chemical reaction between fuel and oxygen triggered by heat

Question 6

Explosive

Answer 6

• Any substance or mixture or combination of substances which in its normal state is capable of either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect
• Includes gunpowder, nitroglycerine, dynamite, coloured flares, fog signals, detonators, cartridges and ammunition of all descriptions
• Does not include a firearm or fireworks

Question 7

Property

Answer 7

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

Question 8

Knowing

Answer 8

Simester and Brookbanks – knowing or correctly believing… The defendant may believe something wrongly but cannot ‘know’ something that is false.

Question 9

Danger to life

Answer 9

Means human life.

Must be someone other than the defendant.

Question 10

Claim of right

Answer 10

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.

Question 11

Immovable property

Answer 11

Property will be considered immovable if it is currently fixed in place and unable to be moved even though it may be possible to make it moveable. Generally of higher value.

Question 12

Vehicle

Answer 12

Contrivance equipped with wheels, tracks or revolving runner on which it moves or is moved

Question 13

Aircraft

Answer 13

As per s2 Civil Aviation Act (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) and includes any aircraft for the time being used as an aircraft of any of the armed forces of any country other than NZ

Question 14

Interest

Answer 14

Not defined. Includes tenancy in a property (R v Wilson)

Question 15

Obtain

Answer 15

In relation to any person, means obtain or retain for himself or herself or for any other person.

Question 16

Benefit

Answer 16

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

Question 17

Loss

Answer 17

Not defined. Generally involves financial detriment to the victim.

• R v Morley
• Not necessary that the victim’s loss results in any benefit to the offender

Question 18

Person

Answer 18

Gender neutral. Judicial notice, circumstantial evidence.

Includes organisations, companies, inhabitants

Question 19

Attempts

Answer 19

s72 Crimes Act

Intends to commit the offence AND take a reals and substantial step towards achieving that aim

Question 20

Sufficiently proximate

Answer 20

The offender must have taken a ‘real and practical step’ towards committing the offence.

Question 21

Ship

Answer 21

Every description of vehicle used in navigation, however propelled… includes any ship belonging to or used as a ship of the armed forces of any country.