Case Law Endangering Life and Arson

Created by: A Francis
Created on: 21-03-13 21:41

Section 1(2) Criminal Damage Act 1971 Endangering Life

A person who without lawful excuse destroys or damages any property, whether belonging to himself or another-

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a) Intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and

b) Intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered; shall be guilty of an offence

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Steer

The danger to life must come from the damage or destruction and not from the act

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Webster

If the danger to life comes from the act not the damage or destruction then the D has not committed an offence under s1(2)

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Sangha

Life does not actually have to be endangered, as long as the D had an intention or was reckless as to endanger life

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Merrick

The property can belong to the D as well as another

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Mens Rea of Endangering Life

1) Intention or Recklessness as to destroying or damaging any property; and 2) Intention or Recklessness as to whether the life is endangered by the destruction or damage

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Section 3(1) Criminal Damage Act 1971 Arson

This is where an offence under s1 of the Criminal Damage Act is committed by destroying or damaging property by fire

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Miller

Arson can be committed by an omission to prevent damage from the fire

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Other cards in this set

Card 2

Front

a) Intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and

Back

b) Intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered; shall be guilty of an offence

Card 3

Front

Steer

Back

Card 4

Front

Webster

Back

Card 5

Front

Sangha

Back

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Case Law Endangering Life and Arson