Smoke Gets in Your Mind: The Legal Framework for the Crime of Arson

(2004) 28 Crim LJ 26

17 Pages Posted: 24 May 2014

See all articles by John Anderson

John Anderson

University of Newcastle (Australia) - Newcastle Law School

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

Anderson, John, Smoke Gets in Your Mind: The Legal Framework for the Crime of Arson (February 23, 2004). (2004) 28 Crim LJ 26, Available at SSRN: https://ssrn.com/abstract=2441087

John Anderson (Contact Author)

University of Newcastle (Australia) - Newcastle Law School ( email )

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