The case of a man in the Narrows suburb of Darwin in Australia's Northern Territory who allegedly sniffed petrol while smoking a cigarette and burned down a shed has sparked debate on whether he should have known there was a “substantial” risk of explosion.
Timothy Fordham’s beard was “burned off” with clumps stuck to his shirt when police found him in a neighbour’s backyard – demanding a peanut butter sandwich – after the alleged incident, a committal hearing was told on Tuesday.
He also had blistered feet.
Magistrate Greg Smith said trying to imagine sniffing petrol while smoking was an 'intriguing prospect'.
“He may well have been stupid enough to be doing it given what happened to his beard,” he said.
Prosecutor Steve Ledek said: “If there was a charge for stupidity, it would have been made out.”
Fordham was instead charged with arson and unlawfully entering the shed at a house in the Narrows, on December 18, 2013.
The court was told a neighbour across the road found him, dishevelled, in her yard shortly after an “explosion”.
Acting Sergeant Paul Morrissey said the accused was sitting in a chair on the woman’s patio demanding food.
He said Fordham was intoxicated but he was uncertain if he had been drinking alcohol or sniffing.
“I saw (he was burnt) ... I said ‘what happened’ ... he made spontaneous admissions,” Sgt Morrissey said.
“His demeanour went from calm to aggressive. He asked for a peanut butter sandwich.”
The officer gave evidence that Fordham admitted going into the shed and sniffing petrol with a lit cigarette. He reportedly told Sgt Morrissey that “the fire just started”.
Investigators said the source and origin remained “undetermined” but the court heard a lawnmower and other fuel-powered machines were inside the workshop, along with containers. They found petroleum slick on the floor.
Defence lawyer Anthony Pyne said Sgt Morrissey’s evidence was weak.
He said the law drew a line between deliberately or recklessly starting a fire and people who did not perceive a risk.
“This may be a negligence case but it’s definitely not arson,” he said.
Mr Smith said it was “common knowledge” that a lit cigarette near petrol could lead to an explosion.
He is now to decide if the case is handed up to the NT Supreme Court. Fordham remains in custody.
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