Arson - Damages by Fire or Explosive

Question 1

What was found in R v Archer?

Answer 1

Defendant was charged with arson after setting fire to some toilet paper in the bathroom of a church, resulting in “blackening” to the top.

Court of Appeal ruled insufficient to determine “blackening” was charring or soot.

As damage could not be proved, Defendant convicted instead for attempted arson - usefulness may constitute damage, whether or not such a change amounts to damage is a matter of fact and degree to be determined on a case-by-case basis.

Question 2

Define Fire?

Answer 2

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

Question 3

How does Fire start or continue?

Answer 3

For Fire to start or continue, each of the three elements:

• Fuel
• Oxygen
• Heat

Must be present in the correct proportions.

Question 4

Define Explosive?

Answer 4

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.