A retained firefighter who encourages the commission of arson bears a high degree of moral culpability by reason of that position, even where the position did not enable or facilitate the offending. This is consistent with the established line of authority that a person's professional position is relevant to moral culpability even where the offending did not occur in the course of official duties. The views of Adams J in Dionys v R and R v Calcutt regarding the treatment of Form 1 offences were confirmed as having been rejected by the five-judge bench in Abbas v R.
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