fireraising

Question 1

difference between culpable and reckless fire raising, and willful fire-raising.

Answer 1

Byrne v HM Adv 2000 JC 155
Facts: The accused had been charged with willful fire raising for having set fire to a paper, a bed and a mattress, which then spread to the rest of the building.
Significance: This case changed the previous law, finding that both charges could apply to any kind of property. The difference is the mens rea.
Willful fire raising is committed when a property is deliberately set on fire, and the intention to set that fire can be inferred from the circumstances, but there is no doctrine of transferred consent. So if the accused deliberately sets fire to one item, and this fire spreads to other, they might instead by guilty of culpable and reckless fire raising.