If you have been charged with an offence of this nature, it is in your best interests to seek legal advice immediately. As the common law offence of ‘arson’ has been replaced with a number of statutory offences, there are a variety of elements, penalties and procedures attached to each specific charge. Contact us for a free initial consultation.

The common law offence of ‘arson’ has been specifically abolished in New South Wales. In its place are a number of statutory offences that involve starting a fire.

For example, Section 195 of the Crimes Act 1900 (NSW) sets out the offence of destroying or damaging property. The offence carries a maximum penalty of imprisonment of 5 – 7 years, depending on the circumstances in which it is committed. However if the destruction or damage is caused by means of fire or explosives, the maximum penalty increases to imprisonment for 10 – 12 years. Notwithstanding this, a charge under this Section can be dealt with summarily in the Local Court.

  • Where the damage does not exceed $5,000.00, the matter will be dealt with summarily unless the prosecutor elects to have it dealt with on indictment. If prosecuted summarily, the maximum penalty is:
    • Value of property <= $2,000.00: two years imprisonment and/or 20 penalty units.
    • Value of property > $2,000.00 but <= $5,000.00: two years imprisonment and/or 50 penalty units.
  • Where the damage exceeds $5,000.00, the matter will be dealt with summarily unless either the prosecutor or the person charged elects otherwise. If prosecuted summarily, the maximum penalty is two years imprisonment or 100 penalty units.

Section 195 sets out three variations of the offence:

  • Intentionally or recklessly destroy or damage property belonging to another person/s (maximum penalty when dealt with on indictment is imprisonment for five years, or ten years if the destruction or damage is caused by means of fire or explosives).
  • Intentionally or recklessly destroy or damage property belonging to another, whilst in the company of another person or persons (maximum penalty when dealt with on indictment is imprisonment for six years, or eleven years if the destruction or damage is caused by means of fire or explosives).
  • Intentionally or recklessly destroy or damage property belonging to another, during a public disorder (maximum penalty when dealt with on indictment is imprisonment for seven years, or twelve years if the destruction or damage is caused by means of fire or explosives).

There are a number of offences that are similarly aggravated in circumstances where fire is used in the commission of the offence. For example, Section 196 of the Crimes Act 1900 (NSW) sets out the offence of destroying or damaging property with intent to injure a person. The maximum penalty attaching to this offence increases where the destruction or damage is caused by means of fire or explosives.

There are a number of other related provisions, including:

  • Section 197 – dishonestly destroying or damaging property;
  • Section 199 – threatening to destroy or damage property;
  • Section 200 – possession of explosives etc with intent to destroy or damage property.

As such, it is important to obtain legal advice to maximise your chances of a good outcome at Court. 

If you are seeking legal advice, contact us for a free initial consultation.

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