Fire Rasing Flashcards
Types?
Will full=intention to set fire to specific object
Culpable and reckless= reckless conduct not knowing or caring for consequences
Criteria’s
- AR damaging property
- specific form of malicious mischief
- historically serious now summary process
Blame v Hma
Facts:
Set fire to quilt hoping to die from toxic fumes but also damaged property
Held:
WFR to bedding and separate charge for property
Couldn’t forsee consequences of property and no intent
1st instance of transfer of intention
Wither v Adie
Facts :
Set fire to shoe laces and burnt victim
Held :
Intentionally set fire to shoelaces and assault = aggravation of offences
Mcue v currie
Facts: robbing a caravan used lighter to see drip lighter
Held:
Can’t prosecute WFR as it was an accident so no intention
Like at how fire started not what happens after