Flashcards in Definitions and Case Law Deck (14)
In a criminal law context there are two specific types of Intent. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result
R v HARNEY
Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.
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.
R v ARCHER
Property may be damaged by fire if it suffers permanent or temporary physical harm, or permanent or temporary impairment of its use or value.
Section 2. Arms Act 1983
Any substance or mixture or combination of substances which in it's normal state is capable either of decomposition at such a rapid rate as to result in an explosion or producing a pyrotechnic effect. Includes gun powder, gelignite, detonators etc
Section 2 Crimes Act 1961
Property includes any real or personal property and any estate or interest in any real or personal property, money, electricity, debt, and anything in action, and any other right or interest.
SIMESTER AND BROOKBANKS
Knowing means "knowing or correctly believing"... the belief must be a correct one, where the belief is wrong a person cannot know something.
DANGER TO LIFE
"Life" in this context means human life. The danger must be to the life of someone other than the defendant.
CLAIM OF RIGHT
Section 2. Crimes Act 1961
In relation to any act, means a belief at the time of the act in a proprietary or possessory right in relation to which the offence is alleged to have been committed, although that 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.
Property will be considered immovable if it is currently fixed in place and unable to be moved.
Section 2. Land Transport Act 1998
A contrivance equipped with wheels, tracks or revolving runners on which it moves or can be moved.
Gender neutral, proven by judicial notice or circumstantial evidence.
R v MORLEY
Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired,