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Arson

What is Arson?​

This article is a brief and general overview about Arson. Arson is defined under sections 433 of the Criminal Code of Canada to 436 of the Criminal Code of Canada. There are 5 types of Arson charges that are defined in the Criminal Code of Canada, which are: 

 

Depending on the severity of the offence, According to the Criminal Code definition, Simple Assault does not need to cause injury nor does it need to require excessive use of force. Simple Assault occurs when one person intentionally threatens or applies a force, either indirectly or directly against another person without their express consent. 

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What are examples of Arson?​

Some examples of Arson include: 

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a) Setting fire to an occupied home/apartment building

b) Setting fire to a property that belongs to someone else

c) Setting a fire that causes bodily harm to someone

d) Setting a fire that causes death to another person.

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What are the legal elements needed to prove Arson?​

For every criminal case, the Crown must prove at least 4 things: 

1. Identity: The Crown must prove that you are the person who committed the crime. 

2. Jurisdiction: You are being charged in the correct court. 

3. Date: The Crown must prove the date when the crime took place when the police say it did. 

4. The elements of the Crime. 

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In this case, the elements of Simple Assault are:

a) That you (the accused) touched someone on purpose without their permission, or;

b) That you physically threatened to touch someone without their permission. 

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