R v Miller [1983] 2 AC 161

Court: House of Lords

Facts: D accidentally started a fire by dropping a cigarette in a squatted house. He failed to extinguish the fire and moved to another room.

Issue : could D be held liable for arson based on his omission to act?

Held: D was held liable for criminal damage due to his omission to act after creating a dangerous situation. It was not necessary for the defendant to have subjectively recognized the risk of damage, as a reasonable person would have been aware of it.

Key Judicial Statement: Lord Diplock clarified, "The defendant’s act created the dangerous situation, and his failure to take reasonable steps to prevent further harm rendered him criminally liable."