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The Offence of Arson
In Queensland, the offence of arson is outlined in section 461 of the Queensland Criminal Code. Arson is considered a serious offence in Queensland and, as such, is punishable by a maximum sentence of life imprisonment. The law sets out that a person is guilty of a crime if they wilfully and unlawfully set fire to:
- a building or structure;
- a motor vehicle, train, aircraft or vessel;
- any stack of cultivated vegetable produce or mineral or vegetable fuel;
- a mine or the workings, fittings or appliances of a mine.
Subsection (2) of the legislation provides that it does not matter whether or not items from points (a) and (b) above are complete. This means that if a partially built house still under construction is targeted by arson, the act is still punishable by law, despite it not yet being a complete building. The prosecution is required to prove to the judge or jury that beyond reasonable doubt, the alleged offender set fire to the property (that an actual fire was set, beyond scorching or charring) and that they did so wilfully (deliberately and/or recklessly) and unlawfully (without the property owner’s consent or without authorisation by law).
There are a number of defences that may be applicable to the charge of arson, depending on the specificities of each case. These include a lack of intention to cause a specific result, having a lawful excuse to start a fire (such as for back-burning or agricultural purposes), being of immature age or suffering from mental impairment at the time of committing the acts alleged.
Smith Criminal Law are well across the operation of these defences, plus others that may be available. We are leading criminal lawyers in the State of Queensland and take pride in our ability to provide thorough and comprehensive legal advice and representation to ensure a just and fair outcome for our clients. Contact us today at 07 5475 4533.