elements - stud and cases

Question 1

STRUCTURE ELEMENT O O

Answer 1

1. Intro
   a. Need to prove mr and ar
   
   2. Ar
      a. 267 1 a most applicable
      i. Prosecution needs to easiest way to make the person guilty
      b. Damages by fire any prop
      i. Broad enough to incorporate an omission as the AR
      c. Miller approach - she accidently caused dangerous situation - did she do enough to mitigate harm any step towards mitigation
      d. Mary was not sufficient not sufficient, not enough
   3. MR
      a. Intentionally or reckless damaged house by fire
      i. 267 - Didn’t intend so rules out intention
      ii. 267 - recklessly, easier to prove, prosecution go for recklessness
      iii. Depends on whether she Appreciate the risk and ran it anyway
      iv. She didn’t appreciate risk sufficiently
      1) If don’t apricate risk you cant run it
      b. IN CASE I AM WRONG, Knowledge, 267, known or likely to know that danger to life is likely to ensue
      i. Ought to know, objective recklessness
      ii. Should amy have known mila was home and danger to her life
      iii. Reasonable person test, negligence
      iv. Mary could argue mila always out late, reasonable person wouldn’t ought to know
      v. Could approach literally, include danger to her own life or someone has to put the fire out
      vi. Danger to life parliament, any fire that is really dangerous, someone has to put it out, can spread to other houses
      vii. GO EITHER OR PEOPLE THERE OR JUST IF IT’S A FIRE
      c. Relevance OF Intoxication
      i. Helpful is establishing mental state of accused
      ii. Relevant to appreciating risk
      iii. Recklessness, being drunk si helpful
      iv. Should be bought to intention of jury
      Intoxication was voluntary

Question 1

cases elemts of offneces