ARSON PENALTIES TO BE STRENGTHENED

17 April 2009

Attorney-General, Robert McClelland, and State and Territory Attorneys‑General today agreed on the necessity for strong bushfire and arson offences across Australia.

The Attorney-General presented proposals for new offences carrying penalties of up to 25 years for bushfire arson causing death or serious harm.

State and Territory Attorneys-General have commissioned a report for the next SCAG meeting on incorporating the offences into the Model Criminal Code.

Jurisdictions which have not yet done so will also examine the implementation of existing model bushfire and arson offences that attract up to 15 years imprisonment.

“Given the incredible damage to property and loss of life that can be caused by bushfires, it is critical that offences across Australia are consistent and effective, and those sentences reflect the seriousness of this crime,” Mr McClelland said.

While each State and Territory currently has its own laws covering arson and bushfires, there is considerable variation in the scope of those offences and the penalties that apply.

“I am hopeful that the agreed program of work will make it easier to prosecute a person who lights a fire that results in death or causes serious harm to a person,” Mr McClelland said. 

“People who deliberately light fires must face tougher penalties, particularly when those fires result in loss of life as occurred recently in the Victorian bushfires.”

Attorneys-General also agreed to consider enabling courts to order a person convicted of arson to pay compensation for the damage caused by their offence.

Proposed new bushfire or arson offences causing death or serious harm are attached.  

Media Contact: Adam Siddique 0407 473 630

Current Model Bushfire Offence

  1. A person:
  1. who causes a fire, and
  2. who intends or is reckless as to causing a fire, and
  3. who is reckless as to the spread of the fire to vegetation on property belonging to another, is guilty of an offence.

Maximum penalty: Imprisonment for 15 years.

  1. In this section:
    causing a fire includes:
  1. lighting a fire,
  2. maintaining a fire,
  3. failing to contain a fire, except where the fire was lit by another person or the fire is beyond the control of the person who lit the fire.

Spread of a fire means spread of a fire beyond the capacity of the person who caused the fire to extinguish it.

Current Model Arson Offence

  1. A person who:
  1. causes damage to a building or conveyance by means of fire or explosive, and
  2. intends to cause or is reckless as to causing, damage to that or any other building or conveyance, is guilty of an offence.

Maximum penalty: Imprisonment for 15 years.

  1. A person who:
  1. makes to another person a threat to damage any building or conveyance belonging to that other person or a third person by means of fire or explosives, and
  2. intends that other person to fear that the threat will be carried out or is reckless as to causing that other person to fear that the threat will be carried out, is guilty of an offence.

Maximum penalty: Imprisonment for 7 years.

  1. In the prosecution of an offence against subsection (2) it is not necessary to prove that the person threatened actually feared that the threat would be carried out.
  2. In this section:
    building includes:
  1. a part of a building, or
  2. a structure (whether or not movable) that is used, designed or adapted for residential purposes.

Conveyance means motor vehicle, motorised vessel or aircraft.

Proposed New Offences

Bushfire or Arson Causing Death

  1. A person:
  1. who intentionally or recklessly causes a fire, and
  2. who is reckless:
    i. as to the spread of the fire to vegetation or property belonging to another or
    ii. as to causing damage to any building or conveyance, and
  3. the fire causes the death of another person is guilty of an offence.
  1. Strict liability applies to the paragraph 1(c) element of the offence.

Penalty: 25 years imprisonment

Bushfire or Arson Causing Serious Harm

  1. A person:
  1. who intentionally or recklessly causes a fire, and
  2. who is reckless:
    i. as to the spread of the fire to vegetation or property belonging to another or
    ii. as to causing damage to any building or conveyance, and
  3. the fire causes serious harm to another person is guilty of an offence.
  1. Strict liability applies to the paragraph 1(c) element of the offence.

Penalty: 20 years imprisonment

In these sections:

causing a fire includes:

  1. lighting a fire,
  2. maintaining a fire,
  3. failing to contain a fire, except where the fire was lit by another person or the fire is beyond the control of the person who lit the fire.

Spread of a fire means spread of a fire beyond the capacity of the person who caused the fire to extinguish it.

Building includes:

  1. a part of a building, or
  2. a structure (whether or not movable) that is used, designed or adapted for residential purposes.

Conveyance means motor vehicle, motorised vessel or aircraft