7572571
Arson - s.1 (3) CRIMINAL
DAMAGE ACT 1971
- Destroying or damaging
property by fire
- D must have committed the basic offence
of criminal damage under s.1 (1), but the
destruction must be caused by fire.
- Arson can be contrary to s.1 (1) and s.1 (3) - the
basic offence of criminal damage
- OR
- Contrary to s.1 (2) and s.1 (3) - the
aggravated offence of criminal damage
- D must have the actus reus and mens rea
of the aggravated offence of criminal
damage (the mens rea of the basic
offence with the added mens rea under
s.1 (2) (b)).
- D must have the actus reus and mens rea
of the aggravated offence of criminal
damage (the mens rea of the basic
offence with the added mens rea under
s.1 (2) (b)).
- Contrary to s.1 (2) and s.1 (3) - the
aggravated offence of criminal damage
- D must have the actus reus
and mens rea of the basic
offence of criminal damage
- OR
- Arson can be committed by an act
or omission if D was under a duty
to act: MILLER
- The lawful excuse defence under
s.5 can be used for the basic
offence: DENTON
- If the destruction is done with intention or
recklessness as to whether the life of
another is endangered, the lawful excuse
cannot be used.
- If the destruction is done with intention or
recklessness as to whether the life of
another is endangered, the lawful excuse
cannot be used.
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