R v Miller [1983]

1. Facts:

• Miller fell asleep while smoking a cigarette.

• The cigarette ignited a fire in the building.

• Upon waking up, Miller noticed the fire but did nothing to extinguish it or alert anyone.

2. Outcome:

• Miller was convicted of arson.

• The court held that Miller’s failure to act after realising the fire constituted a breach of duty, making him liable for the damage caused.

3. Impact and Analysis:

• Creation of Danger: The case highlighted that when an individual’s actions create a dangerous situation, they may be required to take reasonable steps to mitigate the harm, even if their initial act was not criminal.

• Duty to Act: Miller’s liability was based on the fact that once he became aware of the danger he had created, he had a duty to take reasonable steps to prevent further harm.

• Legal Precedent: The case established that liability for arson can arise not only from the initial act of creating a dangerous situation but also from the failure to act once the danger is apparent, thus expanding the understanding of duties in criminal law.