Arson

Question 1

Arson - Elements (Danger to life)

Answer 1

Section 267(1)(a) Crimes Act 1961

• Intentionally or Recklessly
• Damages by fire or Damages by means of any explosive
• Any property
• If he or she knows or Ought to know that danger to life is likely to ensue

Question 2

Intent definition

Answer 2

To do an act and to achieve a specific result

Question 3

Intent Case Law

Answer 3

R v COLLISTER

• Circumstantial evidence an offenders intent maybe inferred can include
• Actions/Words before, during or after the event
• Surrounding circumstances
• Act itself

Question 4

Reckless definition

Answer 4

Consciously and deliberately ran a risk that was unreasonable given the circumstances

Question 5

Reckless Case Law

Answer 5

CAMERON v R

• The defendant recognised a real possibility his actions would bring about a proscribed result and it was unreasonable in the circumstances

Question 6

Damages by fire (Case Law)

Answer 6

R v ARCHER

• Property maybe damaged if it suffers temporary or permanent physical harm of its value or use

Question 7

Explosive (Definition)

Answer 7

Substance or mixture or combination of substances which is capable of decomposition at a rapid rate as to result in explosion or producing a pyrotechnic effect – (Section 2(1) Arms Act 1983)

Question 8

Property (Definition)

Answer 8

Real and personal property and any estate or interest in real or personal property – (Section 2(1) Crimes act 1961)

Question 9

Knowledge (Definition)

Answer 9

Knowing or believing correctly

Question 10

Knowledge (Case Law)

Answer 10

AP SIMESTER AND WJ BROOKBANKS, PRINCIPLES OF CRIMINAL LAW (4TH ED, BROOKERS, WELLINGTON, 2012)

• Knowing or believing correctly. The defendant cannot know something that is false

Question 11

Danger to life (Definition)

Answer 11

Human life and the danger is to someone other than the defendant

Question 12

Arosn - Elements (Immovable Property - No interest)

Answer 12

Section 267(1)(b) Crimes Act 1961

• Intentionally or Recklessly
• Without claim of right
• Damages by fire or Damages by means of any explosive
• Any immovable property or vehicle or ship or aircraft
• In which that person has no interest

Question 13

Claim of right (Definition)

Answer 13

Propriety right to the property – (Section 2 Crimes Act 1961)

Question 14

Immovable Property (Definition)

Answer 14

Currently fixed and unable to move although can be made to move

Question 15

Vehicle (Definition)

Answer 15

Contrivance with wheels or revolving runners which it moves – Section 2 LTA 1998

Question 16

Ship (Definition)

Answer 16

Vessel used in navigation – Section 2 Crimes Act 1961

Question 17

Aircraft (Definition)

Answer 17

Any machine that derives support in the atmosphere from reactions of the air – Section 2 Civil Aviation Act 1990

Question 18

Interest (Case Law)

Answer 18

R v WILSON
Tenancy of a property constitutes an interest

Question 19

Arson - Elements (Cause loss or obtain)

Answer 19

Section 267(1)(c) Crimes Act 1961

• Intentionally
• Damages by fire or Damages by means of any explosive
• Any property or Vehicle or ship or Aircraft
• With intent to obtain any benefit or cause loss to any other person

Question 20

Obtain (Definition)

Answer 20

Retain for themselves or any other person – (Section 217 Crimes Act 1961)

Question 21

Benefit (Definition)

Answer 21

Crimes Act 1961 Section 267(4)
Pecuniary advantage, privilege, property, service or valuable consideration

Question 22

Loss (Definition)

Answer 22

In most cases will involve a financial detriment to the victim

Question 23

Loss (Case Law)

Answer 23

MORLEY v R
Induced or caused in reliance by the deception

Question 24

Fire (Definition)

Answer 24

For fire to start or continue - fuel, oxygen and heat must be present in the correct proportions. When fuel is heated to its ignition temperature, it releases gases which then react with oxygen molecules in the air - this reaction results in the release of heat and light energy

Question 25

Types of fire damage

Answer 25

- Charring - Melting - Blistering - Smoke damage

Question 26

Providing explosives to commit an offence (Elements)

Answer 26

Crimes Act 1961 Section 272 - Knowingly has in his possession or - Makes any explosive substance / Dangerous engine / Instrument or Thing - With intent to use or enable another person to use the sustance / Dangerous engine / Instrument or Thing to commit an offence

Question 27

Intentional damage - Danger to life (Elements)

Answer 27

Crimes Act 1961 Section 269(1) - Intentionally or Recklessly - Destroys or damages any property - If he or she knows or ought to know danger to life is likely to result

Question 28

Intentional damage - No interest (Elements)

Answer 28

Crimes Act 1961 Section 269(2)(a) - Intentionally or Recklessly - Without claim of right - Destroys or damages any property - In which that person has no interest

Question 29

Intentional Damage - Obtain or cause loss (Elements)

Answer 29

Crimes Act 1961 Section 269(2)(b) - Intentionally or Recklessly - Without claim of right - Destroys or damages any property - With intent to obtain any benefit or Cause loss to any other person