CB v Director of Public Prosecutions (NSW)

The appeal concerned a conviction under s 195(1)(b) of the *Crimes Act 1900* (NSW) for recklessly destroying a house by fire. The appellant, CB, had applied flame to threads on the cover of a couch in an unoccupied house, which subsequently resulted in the destruction of the entire house by fire. The appeal was heard by Beazley P, Barrett and Emmett JJA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was the content of the mental element of recklessness required for the offence under s 195(1)(b). Specifically, the Court had to determine whether the foresight required of the accused was of the destruction of the house itself, or merely of damage to or destruction of any property.

The Court of Appeal reasoned that the offence of recklessly destroying property by fire required foresight of the likelihood of damage to or destruction of property. It was not necessary for the prosecution to prove that the accused foresaw the destruction of the entire house, only that they foresaw the likelihood of damage to or destruction of property. Applying this principle, the Court found that the appellant's actions in applying flame to the couch in an unoccupied house demonstrated the necessary foresight of the likelihood of damage to or destruction of property, which in turn led to the destruction of the house.

The Court of Appeal granted leave to appeal, directed that a notice of appeal be filed, but ultimately dismissed the appeal. No order was made as to costs.