Foundations of Criminal Law-resit journal article analysis
N.P. Metcalfe and A.J. Ashworth, in their case commentary, Arson: mens rea – recklessness whether property destroyed or damaged’ (2004) Crim L R 369, analyse and critically evaluate the decisions of the House of Lords in R v G [2003] UKHL 50; [2004] 1 A.C. 1034 and R. v Caldwell (James) [1982] A.C. 341.
Briefly identify the key arguments advanced in the case commentary and, giving reasons, discuss whether Metcalfe and Ashworth’s critical evaluation of the two decisions is persuasively argued.
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