Proof of Offence
In addition to the essential elements of time, location and identity, the Crown should prove the following for each offence:
Arson — disregard for human life
the accused caused damage to property by fire or explosion
the accused had intention or was reckless in causing damage
the accused either:
knew or was reckless with respect to whether the property was inhabited or occupied; or
the fire or explosion causes bodily harm to another person.
Expert Evidence
When weighing the evidence of an arson expert, the Court should consider:[1]
whether the expert visited the scene of the fire
whether he was present in court for relevant eyewitness evidence
whether the defence expert had a flawed understanding of the Crown expert evidence
the plausibility of the alternative explanations of the fire