The physical elements of the bushfire offence under s 405 of the Criminal Code 2002 (ACT) require proof beyond reasonable doubt that the accused caused the fire intentionally or recklessly; proximity to a fire and opportunity to have started it are insufficient where alternative explanations (accidental causation, causation by others) are not excluded. A homeless person camping in bushland who possesses a knife as their only utensil for food preparation has a reasonable excuse under s 382 of the Crimes Act 1900 (ACT). Cutting open an animal's cage to enable it to escape constitutes appropriation of the animal for the purposes of theft under s 304 of the Criminal Code 2002 (ACT). The question whether the defence bears a legal or evidential burden under the ACT mental impairment provisions (s 28 Criminal Code) remains unresolved.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.