'Playing with Fire': Contemporary Fault Issues in the Enigmatic Crimes of Arson
(2016) 39(3) University of New South Wales Law Journal 950-974
25 Pages Posted: 18 Oct 2016
Date Written: September 28, 2016
Abstract
This article will analyse the meanings of the subjective mental states for ‘arson-type’ offences in NSW5 with particular concentration on defining ‘recklessness’. The threshold requirements for proof of this mental element in establishing criminal responsibility for ‘arson-type’ offences will be evaluated in the context of policy considerations specific to these offences. This evaluation will concurrently encompass consideration of the theoretical framework for the mental element. The need for a principled application of the criminal law to accurately construct the moral blameworthiness of an adult or young person for ‘arson-type’ offences within the subjective framework of rational thought and action will be accentuated.
Keywords: criminal responsibility, fault elements, recklessness, arson, policy considerations, orthodox subjectivist theory, rational choice theory
JEL Classification: K14
Suggested Citation: Suggested Citation