The criminal offence of arson is a serious indictable offence in NSW that is open to severe consequences. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of arson in NSW, including Not Guilty verdicts and the Withdrawal of Charges.
If you or anyone you know have been accused or charged with the criminal offence of arson, contact our award-winning team of specialised criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT IS THE CRIMINAL OFFENCE OF ARSON AND WHAT ARE THE PENALTIES?
The criminal offence of arson refers to unlawfully damaging or destructing property by fire and is dealt with through separate offences in the Crimes Act 1900 (NSW).
Section 195 of the Crimes Act 1900 (NSW) constitutes it a criminal offence of arson to intentionally or recklessly destroy or damage property belonging to another.
- If the destruction or damage is caused by means of fire or explosives, the maximum penalty is imprisonment for 10 years.
- If the destruction or damage is caused by means of fire or explosives and committed in the company of another person or persons, the maximum penalty is imprisonment for 11 years.
- If the destruction or damage is caused by means of fire or explosives and committed during a public disorder, the maximum penalty is imprisonment for 12 years.
Section 196 of the Crimes Act 1900 (NSW) constitutes it a criminal offence of arson to destroy or damage property, intending by the destruction or damage to cause bodily injury to another.
- If the destruction or damage is caused by means of fire or explosives, the maximum penalty is imprisonment for 14 years.
- If the destruction or damage is caused by means of fire or explosives and committed during a public disorder, the maximum penalty is imprisonment for 16 years.
Section 197 of the Crimes Act 1900 (NSW) constitutes it a criminal offence of arson to dishonestly, with a view to making a gain for that person or another, destroy or damage property.
- If the destruction or damage is caused by means of fire or explosives, the maximum penalty is imprisonment for 14 years.
- If the destruction or damage is caused by means of fire or explosives and committed during a public disorder, the maximum penalty is imprisonment for 16 years.
Section 198 of the Crimes Act 1900 (NSW) constitutes it a criminal offence of arson to destroy or damage property, intending by the destruction or damage to endanger the life of another.
- The maximum penalty is imprisonment for 25 years.
Section 203E of the Crimes Act 1900 (NSW) constitutes it a criminal offence of arson to intentionally cause a fire, and be reckless as to the spread of the fire to vegetation on any public land or on land belonging to another.
- The maximum penalty is imprisonment for 21 years.
- A person is not criminally responsible for an offence against this section if the person is a firefighter or acting under the direction of a firefighter, and the person caused the fire in the course of bushfire fighting or hazard reduction operations.
THE CRIMINAL OFFENCE OF ARSON UNDER THE RURAL FIRES ACT 1997 (NSW)
The criminal offence of arson is also constituted as a criminal offence under the Rural Fires Act 1997 (NSW).
Section 100 of the Rural Fires Act 1997 (NSW) prescribes a maximum penalty of $110,000 and/or 5 years imprisonment for anyone convicted of having set fire or having caused fire to be set to the land or property of another person, the Crown or any public authority, or having been the owner or occupier of any land, and having permitted a fire to escape from that land under such circumstances as to cause or be likely to cause injury or damage to the person, land or property of another person or the land or property of the Crown or a public authority.
If committed knowing that a total fire ban under Division 6 is in force in the part of the State in which the fire is set or permitted to escape, the penalty is $132,000 and/or 7 years imprisonment.
Section 100 of the Rural Fires Act 1997 (NSW) also constitutes it a criminal offence to, without lawful authority, leave whether temporarily or otherwise any fire which the person has lit or used in the open air before the fire is thoroughly extinguished. The maximum penalty for this criminal offence of arson is $5,500 and/or 1 year imprisonment.
ANOTHER VICTORY FOR CRIMINAL LAWYERS GROUP
Criminal Lawyers Group’s Principal and award-winning criminal lawyer Mr Steven Mercael added to his record of Not Guilty verdicts and the Withdrawal of Charges, successfully having charges of the criminal offence of arson against his client withdrawn.
DOGS KILLED AS MAN CHARGED WITH CRIMINAL OFFENCE OF ARSON
28-year-old man Che Kennedy has been charged with the criminal offence of arson, arising from allegations that he assaulted a woman before setting a house on fire and killing three dogs.
Police had been patrolling Lavington when they noticed smoke and rushed to the property, before calling firefighters who subsequently extinguished the blaze and found three dead dogs inside.
Mr Kennedy was arrested in Springdale Heights. In addition to the criminal offence of arson, he was also charged with assault occasioning actual bodily harm, two counts of breaching an AVO, intimidation, drug possession, and three counts of animal cruelty.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the criminal offence of arson, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation. Our award-winning team of criminal law specialists are nationally recognised for securing the best outcomes for our clients across NSW who have been charged with the criminal offence of arson.