Arson Charges

The offence of Arson is considered very serious and that is reflected in the maximum penalty of life imprisonment.

What is considered Arson?

Arson is committed when a person willfully and unlawfully sets fire to any of the following things:

• a building or structure;
• a motor vehicle, train, aircraft or vessel;
• any stack of cultivated vegetable produce, or of mineral or vegetable fuel;
• a mine, or the workings, fittings, or appliances of a mine.

The offence is considered so serious because the consequences to the victims can be devastating and cause a significant emotional trauma upon them. The actions of the offender can, in some cases, also place human lives at risk.

To establish the offence of arson, the Police must prove the following:

• That you set fire to the property; and
• Did so willfully; and
• Did so unlawfully.

Examples of acts that would amount to Arson are pouring petrol on a stolen car and lighting it, setting fire to a rubbish bin, igniting a Molotov cocktail and throwing it at a house causing a fire to start inside.

Defences Against Arson Allegations

Possible defences to an arson offence include but are not limited to:

• Identification i.e. it was not the accused who caused the fire
• Duress
• Necessity
• Insanity
• Lack of intention – the fire was caused by accident rather than a deliberate act

Arson Sentencing

General deterrence is the main sentencing consideration in cases involving arson. Matters personal to the offender such as their personal circumstances are given less weight when it comes to sentencing by the Court.

The Court when sentencing will normally apply the concept of general deterrence which aims to prevent other people from committing the offence. The severe penalties that are imposed for arson serve as a message to the community that they will receive stiff punishment if they are convicted.