Arson Offence Lawyers Adelaide
The Offence
Arson is a serious criminal offence in South Australia that involves deliberately setting fire to property, whether it belongs to the offender or another person. Under section 85 of the Criminal Law Consolidation Act 1935 (SA), a person commits arson if they:
- Intentionally or recklessly cause damage to property by fire or explosion.
- Do so without lawful excuse.
Arson can apply to a range of properties, including houses, vehicles, businesses, and public infrastructure. A related but separate offence, causing a bushfire, is covered under section 85B, which specifically addresses fires in rural or natural settings.
Why you Need Legal Advice
Arson is treated as a serious crime in South Australia, with penalties reflecting the potential devastation it can cause. If you are facing an arson charge, obtaining legal representation is crucial, as a conviction can lead to a lengthy term of imprisonment.
Contact Stanley & Co Lawyers on 08 7001 6135 to speak with an expert Criminal Lawyer. We offer a complimentary 30-minute, no-obligation consultation to discuss your case and advise you on your legal options.
Helpful Questions & Answers
Heading 1
Heading 2
Heading 3
Heading 4
Heading 5
Heading 6
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur.
Block quote
Ordered list
- Item 1
- Item 2
- Item 3
Unordered list
- Item A
- Item B
- Item C
Bold text
Emphasis
Superscript
Subscript
What the Prosecution Needs to Prove
To secure a conviction for arson under section 85, the prosecution must establish the following elements beyond a reasonable doubt:
- Damage to Property – The accused caused damage to property by fire or explosion.
- Intent or Recklessness – The accused acted either:
- Intentionally, meaning they deliberately set the fire; or
- Recklessly, meaning they knew there was a real risk that damage would be caused but acted anyway.
- Lack of Lawful Excuse – The accused had no lawful justification for their actions.
- Ownership is Irrelevant – Even if the accused owns the property, they can still be charged with arson.
For causing a bushfire (section 85B), the prosecution mustalso prove that:
- The accused caused a fire that spread to vegetation.
- They did so intentionally or recklessly.
- They had no lawful excuse.
The Relevant Court
Arson is classified as a major indictable offence in South Australia, meaning it must be dealt with in the District Court or Supreme Court. Unlike summary offences, major indictable offences do not have the option of being finalised in the Magistrates Court.
What Defences Are Available?
Possible defences to arson include:
- Lack of Intent or Recklessness – If the fire was an accident, and the accused neither intended nor foresaw the risk of damage, they may have a defence.
- Lawful Excuse – If the fire was set legally (e.g., with a permit for a controlled burn) and followed proper regulations, this may be a defence.
- Mistaken Identity – If the accused was not the person who started the fire, they can argue that they were wrongly identified.
- Mental Impairment – If the accused was suffering from a serious mental disorder at the time, they may be found not guilty due to mental incompetence under section 269C of the Criminal Law Consolidation Act 1935.
- Duress– If the accused was forced to commit arson under threat of harm, this may be a valid legal defence.
What Are the Specific Maximum Penalties for the Offence?
The penalties for arson are severe due to the potential fordestruction, injury, and loss of life. Under section 85 of the Criminal Law Consolidation Act 1935, the maximum penalty is:
- Life imprisonment (if the fire causes death or serious harm).
- Up to 20 years’ imprisonment (if the fire causes significant property damage).
For causing a bushfire (section 85B), the maximum penaltyis:
- 20 years’ imprisonment if the fire was started intentionally.
- 15 years’ imprisonment if the fire was started recklessly.
If the offence is aggravated (e.g., if emergency services were endangered), the court may impose harsher penalties.
27
Combined Years Of Experience
