Arson (NSW)

In NSW, Arson offences are often prosecuted under the offence of Destroying or Damaging Property by means of fire or explosives. 

It carries a maximum penalty of 10 years imprisonment, or 11 years if it is committed in the company of another person, or 12 years if it is during public disorder.  

What is Arson?

The offence of Arson is often prosecuted as Malicious Damage, which is contained in section 195 of the Crimes Act 1900 (NSW) which states:

(1) A person who intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable:

(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 10 years.

(1A) A person who, in the company of another person or persons, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable:

(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 11 years.

(2) A person who, in the company of another person or persons, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable:

(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 12 years.

Property is defined in section 4 of the Crimes Act 1900 (NSW). It includes:

• All real and personal property;
• Money, valuable securities, debts, and legacies;
• All deeds and instruments relating to, or evidencing the title or right to any property, or giving a right to recover or receive any money or goods.

The following acts constitute Arson:

• Burning someone’s personal property, like their clothing or books;
• Lighting a firecracker and putting it in a letter box;
• Lighting any part of someone’s home on fire. 

What Must be Proven?

For a person to be found guilty of an Arson charge, the police must prove each of the following matters beyond a reasonable doubt:

• You destroyed or damaged property;
• The property belonged to another person, or the accused and another person;
• The destruction or damage was done maliciously, with intent or recklessness;
• The destruction or damage to the property was caused by fire of explosives. 

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

Which Court Will Hear the Matter?

Where the value of the property damaged or destroyed exceeds $5000, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made, the matter will be dealt with in the Local Court.

Where the value of the property damaged or destroyed does not exceed $5000, this matter is a Table 2 offence which means that only the DPP can elect to have the matter dealt with in the District Court. If no election is made, the matter will be dealt with in the Local Court.

Possible Defences to Arson;

The following defences may be available for an Arson charge:

• To argue that you did not have the intent to damage or destroy the property and it was accidental;
• To argue that the property was not damaged or destroyed;
• The property was solely your property; or
• To raise self-defence, self-defence of another, necessity or duress as the reason for your conduct.

Common Questions about Arson

Will I receive a criminal conviction?

A conviction and criminal record for this offence is likely.

In NSW, a Court can impose any of the following penalties for a Destroying or Damaging Property charge.

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

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 violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol for a Destroying or Arson charge?

There is a very real risk of a Gaol sentence for this charge. Ultimately the sentence you might receive will depend on a number of factors, and you are best to get expert advice and assistance. 

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