The crime of arson under ss 267(3) and 268 of the Criminal Code (Tas) does not require proof of actual intention to set fire to the building; it is sufficient to prove that the accused deliberately did a willed act, aware at the time that setting fire to the building was a likely consequence, and recklessly did the act regardless of that risk. The phrase 'during the trial' in s 407(3) of the Code is to be construed liberally, and notice of intention to appeal given immediately after the verdict and discharge of the accused, while the court is still in session, is given 'during the trial'.
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