Fire/Arson Investigations : Fire/Arson Investigations
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Re: Examples of negligent or reckless arson
Posted by: Anonymous User (IP Logged)
Date: March 03, 2009 08:52AM
Mike
The section creates the offence of being a cause of any fire or explosion in a property owned, in whole or in part, or controlled by the accused where: (1) a marked departure from the standard of care that a reasonable prudent person would used, to prevent or control the spread of fires or to prevent explosion, is shown to be the caused of the fire or explosion; and (2) the fire or explosion resulted in bodily harm to another person, or damage to property.
The second part of the section says that a court may infer marked departure from the standard of care, from the fact that the accused has failed to comply with any law respecting the prevention or control of fires or explosions in the property.
I believe the Supreme Court of Canada case on the topic is called Regina v. ABBAS or ABASS.
The section creates the offence of being a cause of any fire or explosion in a property owned, in whole or in part, or controlled by the accused where: (1) a marked departure from the standard of care that a reasonable prudent person would used, to prevent or control the spread of fires or to prevent explosion, is shown to be the caused of the fire or explosion; and (2) the fire or explosion resulted in bodily harm to another person, or damage to property.
The second part of the section says that a court may infer marked departure from the standard of care, from the fact that the accused has failed to comply with any law respecting the prevention or control of fires or explosions in the property.
I believe the Supreme Court of Canada case on the topic is called Regina v. ABBAS or ABASS.
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