Arson - s.1 (3) CRIMINAL DAMAGE ACT 1971

Lucy Nove
Mind Map by Lucy Nove, updated more than 1 year ago
Lucy Nove
Created by Lucy Nove over 4 years ago
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A2 Law (Offences Against Property ) Mind Map on Arson - s.1 (3) CRIMINAL DAMAGE ACT 1971, created by Lucy Nove on 02/07/2017.

Resource summary

Arson - s.1 (3) CRIMINAL DAMAGE ACT 1971
  1. Destroying or damaging property by fire
    1. D must have committed the basic offence of criminal damage under s.1 (1), but the destruction must be caused by fire.
      1. Arson can be contrary to s.1 (1) and s.1 (3) - the basic offence of criminal damage
        1. OR
          1. Contrary to s.1 (2) and s.1 (3) - the aggravated offence of criminal damage
            1. 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)).
          2. D must have the actus reus and mens rea of the basic offence of criminal damage

            Attachments:

          3. Arson can be committed by an act or omission if D was under a duty to act: MILLER
            1. The lawful excuse defence under s.5 can be used for the basic offence: DENTON
              1. 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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