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Arson

This page includes directions for (1) arson with intent to damage property; (2) arson with intent to endanger life; and (3) attempted arson

(1) Arson with intent to damage property

There are three elements you have to be sure about

• without lawful excuse.  You do not have to consider this. It is not part of the defence case that the defendant had a lawful excuse
  
• damaged by fire a **.  There is no doubt that the ** was damaged by fire.  However D** denies that he set fire to it.
  

Mental element - intent

• intending to damage property or  was reckless as to whether property  would be damaged.  There is no doubt that someone who **uses petrol to set fire to a car intends that it will be damaged or is reckless as to whether it will be damaged. 
  

So, there is only one key question for you to answer, having regard to all the evidence and the directions which I give you. 

Are you sure that D** set fire to the **?   

If the answer is “yes”, he is guilty.  If the answer is “no”, he is not guilty.

(2) Arson with intent to endanger life

There are three elements about which you have to be sure

1.      without lawful excuse  You do not have to consider this.  It is not part of the Defence case that the defendant had a lawful excuse.

2.      damaged by fire  Again, this is not seriously in dispute.  It is accepted by the defence that  the damage to ** was caused by a fire which was started by D**

Mental element - intent

3.      intending to endanger life or being reckless as to whether life would be endangered

In this case, the prosecution do not rely on recklessness.  It is not something that you have to consider.  Indeed, it may be helpful if you cross out the words "or being reckless as to whether life would be damaged".

Criminals very rarely say out loud that they intend to commit a crime.  So how do you decide what someone intends?  The answer is that you can infer someone’s intention by looking at all the circumstances.  Look at all the evidence and decide what, if anything, the defendant intended.

So the key question for you answer, having regard to all the evidence and the directions which I give are

Are you sure that when he started the fire, D** intended to endanger the lives of **?
If the answer is “yes”, he is guilty.  If the answer is “no”, he is not guilty.

(3) Attempting to Commit Arson

There are three parts of the offence of attempting to commit arson.

without lawful excuse 

You do not have to consider this.  It is not part of the Defence case that the defendant had a lawful excuse.

attempted to damage by fire 

Before you can convict the defendant you must be sure of two things: first that he intended to damage *** by fire; and second, that, with that intention, he did something which was more than mere preparation for committing that offence.  

A person may be guilty of attempting to commit an offence even though the facts are such that the commission of the offence is impossible.  So if someone attaches what he thinks is an incendiary device to a ***, intending that it set the *** alight, but in fact the incendiary device is manufactured in such away that it will never ignite, he is nevertheless be guilty of attempted arson.

In this case, no one has suggested that, if the necessary intent was there, attaching a ****  is otherwise than an act which is more than preparatory.  In this case, the real issues are whether or not the defendant did attach ***  and, if he did, what his intention was. 

intending to damage property or being reckless as to whether property would be damaged

In this case, the prosecution do not rely on recklessness.  It is not something that you have to consider.  Indeed, it may be helpful if you cross out the words "or being reckless".

Criminals very rarely say out loud that they intend to commit a crime.  So how do you decide what someone intends?  The answer is that you can infer someone’s intention by looking at all the circumstances.  Look at all the evidence and decide what, if anything, the defendant intended.

So, the key questions for you to answer in relation to Count 1, having regard to all the evidence and the directions which I give you, are these

Did the defendant ****?

Did the defendant intend to cause damage to *** by fire?

If you are sure the answer to both questions is “yes” he is guilty of Count *.  If the answer may to either question may be “no”, he is not guilty of Count *.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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