Arson

In the ACT, it is a serious criminal offence to use fire or an explosive to destroy or damage a building or vehicle which is owned by someone else or jointly owned by them and someone else. 

The maximum penalty for this offence is a $240,000 fine and/or 15 years’ imprisonment. 

It is also a criminal offence to threaten to use fire or an explosive to destroy or damage a building or vehicle. 

The maximum penalty for this offence is a $112,000 fine and/or 7 years’ imprisonment. 

What is arson?

The offence of arson is contained in Section 404 of the Criminal Code 2002 (ACT) which makes it a criminal offence for a person to intentionally, or recklessly, cause damage to a building or vehicle by fire or explosive. This section of the Code also makes it a criminal offence for a person to threaten to destroy or damage property by fire or explosive. Significantly, there is no requirement for the police or prosecution to prove that the person threatened actually feared that the threat would be carried out. 

The following acts constitute arson: 

• setting fire to a house, shop, or public property; or 
• setting fire to a car, boat, or motorbike; or 
• igniting a bomb or explosive device inside a house or vehicle; or
• threatening to set fire to another person’s car (for an offence of threatening to commit arson).

What must be proven?

For a person to be found guilty of arson the prosecution must prove each of the following matters beyond a reasonable doubt: 

• You destroyed or damaged a building or vehicle;
• The destruction or damage was caused by fire or explosive;
• You intended, or were reckless, to destroy or damage the building or vehicle; 
• The building or vehicle was owned, partially or wholly, by another person; and
• You did not have consent from the owner of the property to destroy or damage the building or vehicle.

If the prosecution do not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear Your Matter?

This offence is Strictly Indictable, which means that it must be finalised (either by way of a trial or sentence) in the Supreme Court. The matter will still start in the Magistrates Court and will then eventually be Committed to the Supreme Court.

However, if you are charged with an offence of threatening, this offence is indictable, which means that it can be dealt with in either the Magistrates Court or the Supreme Court. 

The prosecution can elect for your matter to remain in the Magistrates Court, where the maximum penalty is reduced two years’ imprisonment. If the prosecution does not elect summary jurisdiction, you can consent to the jurisdiction of the Magistrates Court which means that your matter will remain in the Magistrates Court. Alternatively, your matter will be committed to the Supreme Court and you will appear before a Judge and/or jury. 

Possible Defences to arson

The following defences may be available for an arson charge:

• You did not intend to destroy or cause damage to the building or vehicle i.e. it was an accident; 
• You were the sole owner of the building or vehicle; 
• The offence was carried out under duress; 
• The property destroyed or damaged was not a vehicle or building as defined in the legislation. 

Common Questions about arson

Will I receive a criminal conviction?

A conviction and criminal record for this offence is almost certain.

In the ACT, a court can impose any of the following penalties for an arson charge:

• Full-time imprisonment
• Intensive Corrections Order (ICO)
• Suspended Sentence 
• Fine
• Good Behaviour Order 
• Non-conviction 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for arson might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of serious property damage can completely rule out certain career paths such as teaching and a range of government employment options. 

Will I go to gaol for an arson charge?

The offence carries a maximum penalty of full-time imprisonment. It is almost certain that you will be sentenced to a term of imprisonment if you are found guilty of, or plead guilty to, this offence, even if you do not have any prior criminal convictions. 

What is the definition of a building?

Section 404(4) of the Criminal Code 2002 (ACT) defines a building as including any part of a building, as well as any structure (whether or not moveable) that is used, designed or adapted for residential purposes. 

What is the definition of a vehicle?

Section 404(4) of the Criminal Code 2002 (ACT) also defines a vehicle. A vehicle is defined as meaning any motor vehicle, motorised vessel or aircraft. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.