Previous Topic

Next Topic

Book Contents

Book Index

7.5.21.2 - Checklist: Intentionally or Recklessly Causing a Bushfire

Click here to obtain a Word version of this document

Three elements the prosecution must prove beyond reasonable doubt:

1. The accused caused a fire; and

2. The accused caused the fire intentionally or recklessly; and

3. The accused was reckless as to the spread of the fire to vegetation on property belonging to another.

Cause a Fire

1. Did the accused cause a fire?

If yes, then go to 2.1

If no, then the accused is not guilty of intentionally or recklessly causing a bushfire

Intention or Recklessness

2.1 Did the accused cause the fire intentionally?

If yes, then go to 3

If no, then go to 2.2

2.2 Did the accused cause the fire recklessly?

Consider – The accused caused the fire recklessly if he or she was aware that his or her conduct would probably cause a fire

If yes, then go to 3

If no, then the accused is not guilty of intentionally or recklessly causing a bushfire

Reckless as to Spread of Fire

3. Was the accused reckless as to the spread of fire to vegetation on property belonging to another?

Consider – The accused will be reckless if he or she was aware that the fire would probably spread to vegetation on property belonging to another

Consider – This element will not be proved if the accused believed that he or she could extinguish the fire if it spread

Ifyes, then the accused is guilty of intentionally or recklessly causing a bushfire (as long as you also answered yes to questions 1 and 2.1 or 2.2)

If no, then the accused is not guilty of intentionally or recklessly causing a bushfire

See Also

7.5.21 - Intentionally or Recklessly Causing a Bushfire

7.5.21.1 - Charge: Intentionally or Recklessly Causing a Bushfire