R v Miller
1983 · 2 AC 161
Posted By lanbuk.com
- Facts
- Miller, a vagrant, fell asleep in an empty house with a lighted cigarette. He woke, saw the mattress smouldering, moved to another room, and did nothing. The house caught fire. He was charged with arson under section 1 of the Criminal Damage Act 1971.
- Issue
- Is there an where the accused accidentally starts a fire and then, knowing of it, fails to prevent the damage?
- Held
- The House of Lords dismissed the appeal. Awareness of the danger he had created, and failure to take steps within his power, was a and completed the actus reus.
- Principle
- A person who creates a dangerous situation owes a duty to take reasonable steps once he knows of the danger.
- Why it matters
- It is the fourth duty: the duty that arises from one's own accidental act.
Words and Latin in this note
- Actus reus
- The physical part of a crime: the act, the circumstances, and in a result crime the consequence. It does not include the state of mind. It must be voluntary, unless the offence is one of the rare status crimes. Open the note.
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