The offences under ss 196 and 198 of the Crimes Act 1900 (NSW) require the Crown to prove intention as to the specified consequences (bodily injury or endangerment of life respectively); recklessness as to those consequences is not sufficient. Accordingly, when sentencing for a fire damage offence under s 195(1)(b), the De Simoni principle is not infringed by taking into account the offender's foresight of the possibility of harm to persons, because such foresight falls short of the intention required for the more serious offences under ss 196 and 198.
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