Smoke Gets in Your Mind: The Legal Framework for the Crime of Arson
(2004) 28 Crim LJ 26
17 Pages Posted: 24 May 2014
Date Written: February 23, 2004
Abstract
This article will explore the legal requirements in defining arson-type offences in New South Wales against the background of the Model Criminal Code provisions for arson, other forms of criminal damage and the recent creation of a specific offence of "causing a bushfire". Analysis will be focused on the various mental states that constitute arson-type offences. Consideration will be given to the merits of consolidating the offence structure for these offences in New South Wales to accord with the scheme of the Model Criminal Code. In light of the analysis of the legal elements of arson-type offences, the framework of sentencing will be briefly examined to identify any specific interrelationship between individual culpability in this offence category and the appropriate forms and levels of punishment.
Keywords: Criminal offences, arson, mental element, culpability
JEL Classification: K14
Suggested Citation: Suggested Citation