The expression 'sets fire to' in s 461(1) of the Criminal Code 1899 (Qld) is not limited to physical ignition but extends to conduct that causes a building to burn, including deliberately creating the conditions for combustion (such as dispersing accelerant) even where the actual ignition source may be independent of the accused's conduct. Where a jury convicts of arson on the basis of deliberate dispersal of accelerant with intent to set fire, the defence of accident under s 23(1)(b) has no field of operation in respect of the arson charge. However, where the jury acquits on charges requiring intent to harm a person but convicts of grievous bodily harm, the defence of accident must be left to the jury on the grievous bodily harm count.
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