Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

news story - burglary and arson

Comments

  • #2
    HeidiHeidi
    Registered Users, Registered Users 2 Posts: 30,402 ✭✭✭✭HeidiHeidi


    http://www.irishstatutebook.ie/eli/1991/act/31/section/2/enacted/en/html

    Criminal Damage Act 1991

    2.    —(1) A person who without lawful excuse damages any property belonging to another intending to damage any such property or being reckless as to whether any such property would be damaged shall be guilty of an offence.

    ......

    (4) An offence committed under this section by damaging property by fire shall be charged as arson.


  • #3
    by8auj6csd3ioq
    Closed Accounts Posts: 1,124 ✭✭✭by8auj6csd3ioq


    he did not intend it though. And did not enter the house with the intent to damage it by fire. He entered to shelter and drink/smoke. the fire was not intended but i could see why it woud be reckless


  • #4
    HeidiHeidi
    Registered Users, Registered Users 2 Posts: 30,402 ✭✭✭✭HeidiHeidi


    And reckless is covered in the offence.


  • #5
    by8auj6csd3ioq
    Closed Accounts Posts: 1,124 ✭✭✭by8auj6csd3ioq


    see that now. and the burglary?


  • #6
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,587 Mod ✭✭✭✭Robbo


    Andi Mammoth Week wrote: »
    see that now. and the burglary?
    Entered as a trespasser and committed/attempted an arrestable offence i.e. arson.


  • Advertisement
  • #7
    HeidiHeidi
    Registered Users, Registered Users 2 Posts: 30,402 ✭✭✭✭HeidiHeidi


    http://www.irishstatutebook.ie/eli/2001/act/50/section/12/enacted/en/html

    Criminal Justice (Theft and Fraud Offences) Act 2001

    12.—(1) A person is guilty of burglary if he or she—
    (a) enters any building or part of a building as a trespasser and with intent to commit an arrestable offence, or
    (b) having entered any building or part of a building as a trespasser, commits or attempts to commit any such offence therein.


    Arson is an arrestable offence.


  • #8
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Robbo wrote: »
    Entered as a trespasser and committed/attempted an arrestable offence i.e. arson.

    +1.

    To add to that burglary is not limited to intent as per the OPs statement, once you have entered as a trespasser and then commit the arrestable offence intent no longer applies.


  • #9
    by8auj6csd3ioq
    Closed Accounts Posts: 1,124 ✭✭✭by8auj6csd3ioq


    GM228 wrote: »
    Robbo wrote: »
    Entered as a trespasser and committed/attempted an arrestable offence i.e. arson.

    +1.

    To add to that burglary is not limited to intent as per the OPs statement, once you have entered as a trespasser and then commit the arrestable offence intent no longer applies.
    yes you are right, forgot that. Thanks for the feedback


Advertisement