Arson Course Booklet

Question 1

Proving Recklessness

Answer 1

1. The defendant consciously and deliberately ran a risk (a subjective test)
2. Risk is unreasonable in the circumstances as they were known to the defendant (objective test - whether a reasonable person would have taken the risk)

Question 2

Fire Definition

Answer 2

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. For a fire to start or continue, each of the three elements - fuel, oxygen and heat - must be present in the correct proportions.

When the fuel is heated to it’s ignition temperature, i releases gases which then reaction with oxygen molecules in the air - this reaction results in the release of heat and light energy, and various other by-products, which are visible as flames.

Question 3

Knows or ought to know (proving knowledge)

Answer 3

What was the defendant thinking at the time. Did the defendant know that human life was likely to be endangered by his actions? (subjective test)

What would a reasonable person have thought in the circumstances. Would a reasonable person recognise the risk? (objective test)