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R v Miller

[1983] 2 AC 161

Case summary last updated at 13/01/2020 15:35 by the Oxbridge Notes in-house law team.

Judgement for the case R v Miller

Summary of facts: A tramp accidentally set a mattress on fire and rather than putting it out, left it and moved to another room.
 
Judgement:
  • By the time that someone becomes aware of a mistake that they themselves have made, then they have a duty to resolve the problem, referring to the criminal damage Act. 
He also points out that the action should be taken as a whole action, so that one cannot object that the actus reus and mens rea do not coincide. The tramp is not in the position of someone who happens to chance upon a fire, and he is bound because he himself started the fire. 

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