ABSTRACT

One of the central themes within the law is the concept of individual responsibility. Up until the late 19th century, the criminal law was largely concerned with the objective blameworthiness of offender’s behaviour, rather than whether they had voluntarily and intentionally broken the law. Following the 19th century reform movement, partly motivated by liberal humanism and partly by the goal of more effective deterrence, and under the influence of 20th century commentators like Hart,6 Williams,7 and Smith and Hogan,8 criminal law has seen a much greater concern with ensuring that only those who voluntarily and intentionally or, at least, recklessly commit wrongful acts or cause prohibited consequences are held to be criminally responsible.