Aggravated criminal damage + arson

Question 1

what is the MR for aggravated criminal damage?

Answer 1

intention or recklessness as to destruction/damage + endangerment of life

Question 1

what is the AR for aggravated criminal damage?

Answer 1

destroy or damage property belonging to self or another

Question 2

what is the AR for aggravated arson?

Answer 2

destroy or damage property belonging to self or another by fire

Question 3

what is the MR for aggravated arson?

Answer 3

intention or recklessness as to destruction/damage + endangerment of life

Question 4

how are the aggravated crimes different to the simple crimes?

Answer 4

D will not be guilty of one of the simple crimes in relation to their own property. However, they can under the aggravated offences.

‘without lawful excuse’ does not form part of the AR for the aggravated offences and so D cannot rely on this as a defence to an aggravated offence

Question 5

how must the endangerment to life occur?

Answer 5

endangerment must arise from the damage, not the act that cause the damage