If property is destroyed or damaged by fire, arson should be charged – see subsection 1(3) of the Act. Subsections 1(1) and (3) provide that arson is committed when a person destroys or damages property by fire without legal excuse, intends to destroy or damage the property, or is reckless as to whether the property would be destroyed or damaged. (1) The common law offence of arson is abolished. Arson is tribal in one way or another – paragraph 29, Annex 1 MCA 1980. § 22 MCA 1980 does not apply to arson. Section 4 of the Criminal Damages Act 1971 sets a maximum sentence of life imprisonment for this offence. In the case of a summary conviction, the maximum penalty is a level 5 fine and/or 6 months` imprisonment. If the damage is caused by fire, the offence is charged with arson with intent or recklessness as to whether it would endanger the lives of others. Section 4 of the Criminal Damages Act 1971 provides for a maximum penalty of life imprisonment for serious damage caused by a crime and aggravated arson. Offences can only be prosecuted. 1. A person guilty of arson pursuant to Article 1 or of an offence referred to in Article 1(2) (whether or not he has committed arson) shall be sentenced to life imprisonment on the basis of an indictment. In the case of crimes involving “simple arson, someone else`s property must be damaged.
The penalty for arson can be very serious and the length of the sentence depends on the nature of the crime. If it is determined that the accused intends to cause harm, he or she will be sentenced to a longer term of imprisonment than that of a person who recklessly caused arson. As a general rule, the additional damage caused by arson corresponds to the severity of the sentence. If arson causes simple criminal injury, as set out in subsection 1(1) of the Act, that is, property damage, the defendant`s sentence is significantly less than the serious criminal injury set out in section 1(2) of the Act, that is, property and bodily injury. The Criminal Damages Act 1971 (the Act) is the main source of offences involving property damage. It created a statutory offence of arson and abolished the common law offence (§ 11). Keep in mind, however, that if the damage was caused by fire, the offence will be tribal arson in some way, regardless of the size of the damage and even if it was less than £5000. The modern Criminal Damages Act is primarily contained in the Criminal Damages Act 1971, which redefines or creates several offences to protect property rights. The law provides for a comprehensive structure that includes only preparatory acts for the most serious crimes of arson and causing damage with the intention of endangering lives. As a result, penalties vary from a fixed sentence to life imprisonment, and the court can order the payment of compensation to a victim.
Proof of a concrete intention to endanger life is not required because of the attempt to commit this crime. In Attorney General`s Reference No. 3 of 1992 (1994)[36] on an indictment for attempted aggravated arson, it was found sufficient for the prosecution to establish a specific intent to cause damage by fire and for the defendant to be reckless as to whether this would endanger lives. There is a wide range of arson within the scope of the Criminal Damages Act 1971. He explains that arson means starting a fire with malicious intent, causing damage. These damages are not limited to others, but may include the defendant`s own property. Arson is a serious crime that can have lifelong consequences depending on the degree of damage caused. In the case of crimes involving “simple arson, someone else`s property must be damaged. The serious offence referred to in Article 1(2) may be any property, including the assets of the accused.
The Criminal Damages Act 1971 repealed shipyards, etc. Protection Act of 1772,[43] which created the capital crimes commonly referred to as “arson in the royal shipyards”; These had been neglected when the death penalty for murder was abolished in 1965. Serious criminal offences are set out in section 1(2) and serious arson is set out in section 1(2) and (3) of the Criminal Damages Act 1971. Serious crimes require proof of intent to destroy or damage property, or recklessness as to whether the property would be destroyed or damaged; and to want to endanger the lives of others by destroying or damaging them, or to be ruthless, whether it endangers the life of another. Section 1 (3) of the 1971 Act provides that the offences referred to in section 1 when the destruction or damage is caused by fire are considered to be arson. It appears that the courts take a deliberate view of the defence of a lawful excuse with respect to arson, as in R v. Hunt (1977). [37] The respondent, who wanted to point out the lack of fire protection measures in a nursing home, set it on fire to show the risks. He stated that he honestly believed that this gave him a legitimate excuse under subsection 5(2).
However, it was found that he had not really acted to protect the property. Although the court assumed that his faith was honest, he decided that his intention was to draw attention to the faulty fire departments rather than defend the property itself. If aggravated form of property damage or arson is charged, specific charges should be charged as follows: See also R v Huof (1981) 72 Cr App R 126 and R v Hardie (1984) 3 All ER 848. Although both cases were committed in arson cases, comments on the practice of fees apply even if the damage was not caused by fire. This protection extended to barns and even “corn piles.” Arson traditionally carried the death penalty,[3] and had done so in Roman law. [4] (3) An offence committed under this section by destruction of or damage to property by fire is charged with arson. While the 1861 Act protected many types of property in detail, the Criminal Damages Act of 1971[9] contained a definition broad enough to apply to any material property. According to section 1 (1) of the Act: The definition of property in the 1971 Act is slightly different from that in the Theft Act 1968 [26] in that it covers only “property of a material nature”. [27] Land can be damaged, as in Henderson and Batley (1984),[28] where the defendants had deposited debris at a development site, the removal of which cost a considerable amount of money; This was found to constitute damage to the ground. Arson is the intentional lighting of a fire to damage or destroy property, including buildings, land or personal property.
The Criminal Damages Act states that criminal damage caused by fire will be treated as arson. At Bloomsbury Law, we know that arson law can be confusing and complex. If you have been involved in arson, it is important to seek legal advice.