The offence of Arson is considered very serious and that is reflected in the maximum penalty of life imprisonment.
Arson is committed when a person willfully and unlawfully sets fire to any of the following things:
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:
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.
Possible defences to an arson offence include but are not limited to:
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.
Our key function as your defence is to argue against the prosecutor’s submissions by presenting your information in a meaningful, relevant, legally admissible, and persuasive way.
In building our strongest application for you to be granted bail, we will design and structure your submission so that: