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      The nature of the crime of arson in South African law

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      1
      Fundamina
      Southern African Society of Legal Historians and Unisa Press

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          Abstract

          The crime of arson is committed in a number of different ways in the South African context. However, what is common to all incidences of the crime is that it causes danger: either to property or persons or both. Although the crime is traditionally classified as a crime against property, this article points out that it has been recognised, in the common-law sources upon which the crime is based, that the crime also protects the community. In this regard the use of the crime to punish the fire-setter who sets his or her own property alight, foreseeing that the fire may endanger the interests of others, is highlighted. This aspect of the crime derives from common-law sources, and has been recognised in the courts, but as yet has been sporadically acknowledged and applied by academic writers and in practice. It is submitted that such intentional conduct ought to be reflected in the definition of arson.

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          Most cited references11

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          Commentaries on the Laws of England

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            South African criminal law and procedure: common-law crimes

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              Commentaries on the Laws of England

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                Author and article information

                Contributors
                Role: ND
                Journal
                funda
                Fundamina
                Fundamina (Pretoria)
                Southern African Society of Legal Historians and Unisa Press (Pretoria )
                2411-7870
                February 2013
                : 19
                : 2
                : 321-332
                Affiliations
                [1 ] University of KwaZulu-Natal
                Article
                S1021-545X2013000200007
                d892e5af-a58a-4dac-9e1f-3e2e3949b625

                http://creativecommons.org/licenses/by/4.0/

                History
                Product

                SciELO South Africa

                Self URI (journal page): http://www.scielo.org.za/scielo.php?script=sci_serial&pid=1021-545X&lng=en
                Categories
                History Of Social Sciences
                Law

                General law,General history
                General law, General history

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