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The Guilty Act

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Western University
Philosophy 2080
James Hildebrand

CRIMINAL LAW THE GUILTY ACT R MILLER LORD DIPLOCK y Last night I went out for a few drinks and at closing time I went back to the house where I had been kipping for a couple of weeks I lay on my mattress and lit a cigarette Must have fallen asleep because I woke up to find my mattress on fire I hadnt got anything to put the fire out with so I just left it y He was found guilty and sentenced to six months imprisonment y Appealed to the court of appeal on the ground facts did not disclose any offence under s1 of the Criminal Damage actappeal was dismissed y Question speaks of actus reusy Actus reus that is liable to mislead suggests that some positive act on the part of the accused is needed to make him guilty of a crime a failure or omission to act is insufficient to give rise to criminal liability y A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless y An offence committed under this section by destroying or damaging property y This definition of arson makes it a resultcrime y Since arson is a
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