Criminal damage by fire under the Criminal Damage Act 1971 — basic and aggravated arson, the elements of each, and the defences that may excuse them.
A single act of setting fire to property can give rise to two distinct offences, and the difference between them turns on whether life was endangered. This chapter begins by separating basic from aggravated arson, then works through the actus reus of the basic offence — property, belonging to another, and what counts as damage by fire — before turning to the mens rea and the standard of recklessness that applies. It also examines liability by omission, including the duty that arises where a defendant accidentally starts a fire, and the additional elements that elevate the offence to aggravated arson. Finally, it covers the lawful excuse defences under section 5, their limits where life is endangered, and the effect of voluntary intoxication.
