Lord Advocate’s Reference (No 1 of 2000), 2001 SCCR 296
Citation: Lord Advocate’s Reference (No 1 of 2000), 2001 SCCR 296
Rule of thumb: If you leave fires or electrical appliances (such as cookers) on unattended in your home, and this causes a fire, is this a crime? Yes, this is deemed to be a crime, though you may be able to argue that reasonable people did what you did and it was a fluke which was not a crime.
Judgment:
“the defence will only be available if a sober person of reasonable firmness, sharing the characteristics of the actor, would have responded as he did” 87 showing the law’s recognition that “different people respond to danger in different ways.” Lord Prosser, Lord Advocate’s Reference (No 1 of 2000), 2001 SCCR 296, 2001 JC 143, 2001 SLT 507 - “It is not essential to the offence of malicious mischief that there should be a deliberate wicked intent to injure another in his property ... [I]t is enough if the damage is done by a person who shows a deliberate disregard of, or even indifference to, the property or possessory rights of others” at 30
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.