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Arson - Module > Liabilities (incl. Definitions and Case Law) > Flashcards

Flashcards in Liabilities (incl. Definitions and Case Law) Deck (22):
1

Arson (Danger to life)

Name the Act, Section, Penalty and Ingredients

Arson
Section 267(1)(a)
Crimes Act 1961

1. Intentionally OR Recklessly
2. Damages by Fire OR Damages by means of Explosive
3. Any Property
4. If he or she knows OR ought to know that danger to life is likely to ensue.

2

Definition of 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, the intention to get a specific result.

3

Recklessness - Case Law

R v Harney
Recklessness is a conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that they consequence complained of could well happen, together with an intention to continue the course of conduct regardless of the risk.

4

Damages by Fire - Definition and Case Law

Definition:
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.

Case Law:
R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its value or use.

5

What is the definition of 'Explosive'?

Explosive - Section 2, 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.

Includes: Gun Powder, Gelignite, Detonators
Does Not Include: Firearms, Fireworks

6

What is the definition of 'Property'?

Property - 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 and any debt, and anything in action and any other right or interest.

7

What is the definition of Knowledge?

Knowing means "knowing or correctly believing". The defendant may believe something wrongly, but cannot 'know' something that is false.

8

Arson (Immovable Property)

Name the Act, Section, Penalty and Ingredients

Arson
Section 267(1)(b)
Crimes Act 1961
Penalty: 14 years imprisonment

1. Intentionally OR Recklessly
2. And Without Claim of Right
3. Damages by Fire OR Damages by means of Explosive
4. Any immovable property or any vehicle, ship or aircraft in which that person has no interest.

9

What is the definition of 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 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 any matter of law other than the enactment against which the offence is alleged to have been committed.

10

What is the definition of 'immovable'?

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 movable.

11

What is the definition of 'Vehicle'?

Vehicle - Section 2, Land Transport Act 1998
Means a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.

12

What is the definition of 'Ship'?

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.

13

What is the definition of 'Aircraft'?

Aircraft - Section 2, Civil Aviation Act 1990
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.

14

What is the definition of 'interest'?

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

15

What is the definition of 'Person'?

Person - Section 2, Crimes Act 1961
Gender neutral, proven by judicial notice or circumstantial evidence.

16

Arson (Immovable Property/Cause Loss)

Name the Act, Section, Penalty and Ingredients

Arson
Section 267(1)(c)
Crimes Act 1961
Penalty: 14 years imprisonment

1. Intentionally
2. Damages by Fire OR Damages by means of Explosive
3. Any immovable property OR Vehicle OR Ship OR Aircraft
4. With intent to obtain any benefit OR cause loss to any other person.

17

What is the definition of 'Obtain'?

Obtain - Section 217, Crimes Act 1961
Means obtain or retain for himself, herself or any other person.

18

What is the definition of 'Benefit'?

Benefit - Section 267(4), Crimes Act 1961
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration.

19

Define R v Morley

Loss....is assessed by the extent to which the complainant's position prior to the (offence) has been diminished or impaired.

20

Further definition of person (if it relates to the scenario)

Legislation provides a wide definition of the term "person" that incorporates not only having real people but also companies and organisations. - Section 2, Crimes Act 1961

21

Arson (Other Property)

Name the Act, Section, Penalty and Elements.

Arson
Section 267(2)(a)
Crimes Act 1961
Penalty: 7 years imprisonment

1. Intentionally OR Recklessly
2.And without claim of Right
3. Damages by Fire OR Damages by means of Explosive
4. Any property (other than property listed in section 267(1)) in which that person has no interest.

22

Arson (Other Cause Loss)

Name the Act, Section, Penalty and Elements.

Arson
Section 267(2)(b)
Crimes Act 1961
Penalty: 7 years imprisonment

1. Intentionally OR Recklessly
2. Damages by Fire OR Damages by means of Explosive
3. Any property (other than the property listed in Section 267(1))
4. With intent to obtain any benefit or cause loss to any person.