Hinds v Att. Gen. [1985] JLR 43 (10 July 1985)

Hinds v Att. Gen. [1985] JLR 43 (10 July 1985)

'Maliciously' in the context of arson under the Fire Service (Jersey) Law, 1959, art. 17(2) includes reckless conduct where the accused foresees the risk of fire and nevertheless takes that risk.

Citation
[1985] JLR 43
Parties
Applicant: Hinds; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
10 July 1985
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Arson, Maliciously Setting Fire to Property, Interpretation of 'maliciously'
Criminal Law Arson Maliciously Setting Fire to Property Interpretation of 'maliciously'

Case Brief

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Parties

Hinds

Applicant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether 'maliciously' in Fire Service (Jersey) Law, 1959, art. 17(2) includes 'recklessly' setting fire to property

Ratio Decidendi

'Maliciously' in the context of arson under the Fire Service (Jersey) Law, 1959, art. 17(2) includes reckless conduct where the accused foresees the risk of fire and nevertheless takes that risk.

Court Disposition

appeal dismissed