ARSON (NSW)

Crimes Act 1900 (NSW) – Arson

The NSW Crimes Act creates a number of serious offences relating to damage to property. Where the damage to or destruction of property is committed by means of setting fire or arson attack, the following four offences, contained in sections 195-198 of the Crimes Act 1900 (NSW), are likely to be relevant.

Intentional or reckless damage to, or destruction of property by means of fire

If a person either recklessly or intentionally causes damage to, or the destruction of property which belongs to another person, they may be liable for an offence under section 195. Where the destruction or damage is caused by means of fire, the maximum penalty is 10 years imprisonment, with an aggravated offence where the damage or destruction is committed in the company of another person(s), carrying a maximum penalty of 11 years imprisonment.

Intention to cause bodily injury to another by means of fire

Under section 196, a person who destroys or damages property, with an intention to cause bodily injury to another, may face a maximum penalty of 14 years imprisonment. Where the offence is committed during “public disorder”, that maximum penalty increases to 16 years imprisonment.

Dishonestly cause damage to or destruction of property by means of fire

This offence, found in section 197, relates to instances where a person dishonestly (i.e. with a view to making a gain for themselves or another person), destroys or damages property by means of fire. In this instance, the maximum penalty is also 14 years imprisonment and increasing to 16 years imprisonment if the act is committed during a “public disorder”.

Destruction of, or damage to property with intention to endanger life.

Under section 198, the most serious arson offence occurs when a person destroys or damages property with the intention of endangering the life of another. The maximum penalty for this offence is 25 years imprisonment.

Bushfire Arson

As noted above, recent amendments to the Crimes Act 1900 (NSW) have been introduced to deal with the significant risk of widespread damage to property, people, animals and land that might be caused by arsonists who are responsible for setting fires that may result in a bushfire. In recent years, Australia has faced increasingly disastrous bushfire seasons, of which arson attacks are often a contributing factor.

The amendments introduced section 203E, which provides that “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. The maximum penalty for a breach of section 203E is 21 years imprisonment.

Given the risk that a bushfire may endanger the life of people, there is also a risk that someone who is found guilty of bushfire arson, where a bushfire does kill a person, may also be held liable for manslaughter or murder.

Note however that section 203E specifically excludes where a person is employed by a fire service, and is lighting fires under the direction of a firefighter (i.e. in the course of bushfire fighting or hazard reduction operations). A person acting under the direction of a firefighter cannot be held liable for an offence, under this provision.