Arson - Arson with Danger to Life Flashcards
1
Q
Define Danger to Life?
A
Life - in this in context means human life, and the danger must be to the life of someone other than the Defendant.
2
Q
What is the Definition for Simester and Brookbanks?
A
Knowing means “Knowing or correctly believing”. The Defendant may believe something wrongly, but cannot ‘know’ something that is false.
3
Q
What is the provisions involved in the Defendant’s degree of knowledge (Subjective Test)?
A
What was the Defendant thinking at the time?
Did the Defendant know that human life was likely to be endangered by his actions?
4
Q
What is the provisions involved in the Defendant’s degree of knowledge (Objective Test)?
A
What would a reasonable person have thought in the same circumstances?
Would a reasonable person have recognised the risk?
