- Miller, a squatter, smoked in a bed in the premises he was occupying, then fell asleep
- Upon waking, he noticed his cigarette smoking on the floor of the room
- After abandoning the smouldering cigarette, the building he was in caught fire due to the cigarette
- Did Miller cause the damage to the building?
- Lord Diplock stated that damage can be caused by failing to take reasonable steps to mitigate a danger created by one’s self
- Miller was criminally liable both in terms omitting to remedy the danger and as part of a wider continuing act
- Recklessness was not pursued by the prosecution in this case, but may have provided a third route to conviction