'Playing with fire': contemporary fault issues in the enigmatic crime of arson

This article will analyse the meanings of the subjective mental states for 'arson-type' offences in NSW 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.