ARSON Flashcards
RECKLESS means the conscious and deliberate taking of an unjustified risk.
It involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless of risk
Case law
R V Harney
How do you prove RECKLESSNESS?
Defendant consciously or deliberately ran a risk
That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant
Objective test - based on a reasonable person
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value
Case law
R V Archer
What is the definition of fire
Fire us the result of the process of combustion.
A chemical reaction between fuel and oxygen triggered by heat
Loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired
Case Law
R V Morley
