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Flashcards in Liabilities Deck (53)
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1

267(1)(a)

Danger to life - 14 years imprisonment

Everyone who
Intentionally or recklessly
Damages by fire or by means of any explosive
Any property
If he or she knows or ought to know
That danger to life is likely to ensue

2

267(1)(b)

No interest - 14 years imprisonment

Everyone who
Intentionally or recklessly
And without claim of right
Damages by fire or by means of any explosive
Any immovable property, or any vehicle, ship, or aircraft
In which that person has no interest

3

267(1)(c)

To obtain or cause loss - 14 years imprisonment

Everyone who
Intentionally damages by fire or by means of any explosive
Any immovable property or any vehicle, ship, or aircraft
With intent to obtain any benefit, or to cause loss to any other person.

4

267(2)(a)

Damages any property - 7 years imprisonment

Everyone who
Intentionally or recklessly
And without claim of right
Damages by fire or by means of any explosive
Any property in which that person has no interest

5

267(2)(b)

Any property with intent to obtain or cause loss

Everyone who
Intentionally or recklessly
damages by fire or by means of any explosive
Any property
With intent to obtain any benefit or cause loss to any other person

6

267(3)

Reckless disregard safety of other property - 5 years imprisonment

Everyone who
Intentionally damages by fire or by means of any explosive
Any property
With reckless disregard for the safety of any other property

7

Define benefit?

267(4)
In this section and in section 269, benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

8

Intent

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.

9

Circumstantial evidence from which intent may be inferred?

Offenders actions and words before, during and after the event
Surrounding circumstances
The nature of the act itself

10

Define recklessly?

Acting recklessly involves consciously and deliberately taking an unjustifiable risk.

11

R v Harney

Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless of the risk.

12

Proving recklessness?

1. The defendant consciously and deliberately ran a risk (subjective test)

2. The risk was unreasonable to take in the circumstances as they were known to the defendant (objective test)

13

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.

14

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.

15

Define fire?

Fire is the result of of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.

16

Define explosive?

S2(a) arms act 1983

Means 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.

17

List explosives under S2(b) arms act 1983?

Gunpowder
Nitroglycerin
Dynamite
Gun-cotton
Blasting powder
Fulminate of Mercury or of other metals
Coloured flares
Fog signals
Fuses
Rockets
Percussion caps
Detonators
Cartridges
Ammunition of all descriptions

18

Are fireworks classed as explosives?

No.
S2(d) arms act 1983
Explosive does not include any firework as defined in S2 of the Hazardous Substances and New Organisms Act 1996.

19

Property

Property includes 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.

20

Knowing

Means knowing or correctly believing. The defendant may believe something wrongly, but cannot know something that is false.
Simester and Brookbanks

21

Explain the subjective objective test in relation to knowing danger to life?

What was the offender thinking at the time? Did the defendant know that human life was likely to be endangered by his actions?
Subjective.

What would a reasonable person have thought on the same circumstances? Wiukd a reasonable person have recognised the risk?
Objective

22

Danger to life

Life in this context is human life, and the danger must be to the life of someone other than the defendant.

23

Claim of right

Section 2 CA61

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

24

Hayes v R re belief?

Belief is not required to be reasonable or be reasonably held and may be based on ignorance or mistake. However the reasonableness of the belief may be relevant in determining whether the defendant's assertion of the belief is credible.

25

Immovable property.

Immovable is not defined, however in general it relates to buildings and land and things growing on land such as forests.
It 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 movable.

26

Vehicle?

Section 2 LTA98
(a) means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved;
And
(b) includes a hovercraft, a skateboard, in-line skates, and roller skates.

27

Under S2(c) LTA98, what is not classed as a vehicle?

Perambulator or pushchair
Shopping or sports trundle not propelled by mechanical power
Wheelbarrow or hand trolley
Pedestrian controlled lawnmower
A pedestrian controlled agricultural machine not propelled by mechanical power
An artical of furniture
A wheelchair not propelled by mechanical power
Any rail vehicle

28

Ship?

S2 Crimes Act 61
Ship means every description of 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.

29

Aircraft

S2 Civil Aviation Act 1990
Aircraft means 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.

30

Interest

Not defined by legislation, however the courts have held that tenancy of a property constitutes an interest in it.