Intentionally Causing a Bushfire

In New South Wales, intentionally Causing a Bushfire or Fire and being reckless to it spreading is an offence that carries a maximum penalty of 14 years imprisonment, however, if a person dies as a result of a bushfire, the perpetrator may be charged with murder or manslaughter which can carry a maximum penalty of up to 25 years imprisonment.

What is Causing a Fire

The offence of Causing a Bushfire or Fire and being reckless to it spreading is contained in section 203E of the Crimes Act 1900 (NSW) which states:

A person:

• Who intentionally causes a fire, and
• Who is reckless as to the spread of the fire to vegetation on any public land or on land belonging to another

Is guilty of an offence.

It is important to note that recklessness can be established by proof of intention to light the fire. So – if you intended to light the fire, that might be sufficient to establish that you were reckless as to its spread. 

The following acts constitute Causing a Fire:

• Lighting a campfire, and not making sure the fire was completely out before you left the campsite. 
• Purposely lighting fires in a national park.
• Attempting to do controlled burning on your property, but without adequate planning and supports in place resulting in that fire spreading to neighboring properties. 

What Must be Proven?

For a person to be found guilty of Causing a Fire the Prosecution must prove each of the following matters beyond a reasonable doubt:

• You intentionally caused a fire; and
• You were reckless as to the spread of the fire to vegetation on any public land or on land belonging to another

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?

This offence is a Table 1 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.

Possible Defences to Causing a Fire

The following defences may be available for a Causing a Fire charge:

• That you did not light the fire;
• That you were not reckless to the fire’s spread.

Common Questions about Causing a Fire

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In NSW, a Court can impose any of the following penalties for a common assault 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 Causing a Fire might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence can completely rule out certain career paths such as teaching and a range of government employment options. 

Will I go to Gaol?

There is a real risk of a Gaol sentence for these charges, particularly in circumstances where the spread of the fire was intentional, rather than just reckless. These kinds of offences can cause significant damage to property and put people at risk and are treated very seriously by the Court. 

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