Other Criminal Offences – VIC

Welcome to the VIC Arson article page. Everything you need to know about Arson according to VIC law.

What the Law States according to VIC Law for Arson

According to VIC Law for the charge of Arson,

Crimes Act 1958 – SECT 197
Destroying or damaging property

197. Destroying or damaging property

(1) A person who intentionally and without lawful excuse destroys or damages any property belonging to another or to himself and another shall be guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

(2) A person who intentionally and without lawful excuse destroys or damages any property, intending by the destruction or damage to endanger the life of another, shall be guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).

(3) A person who dishonestly, with a view to gain for himself or another, destroys or damages any property shall be guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

(4) For the purposes of subsections (1) and (2) a person who destroys or damages property shall be taken as doing so intentionally if, but only if-

(a) his purpose or one of his purposes is to destroy or damage property; or

(b) he knows or believes that his conduct is more likely than not to result in destruction of or damage to property.

(5) For the purposes of subsection (2), a person who destroys or damages property shall be treated as intending thereby to endanger the life of anotherif, but only if-

(a) his purpose or one of his purposes is to endanger the life of another by the destruction or damage; or

(b) he knows or believes that the life of another is more likely than not to be endangered by the destruction or damage.

(6) An offence against this section committed by destroying or damaging property by fire shall be charged as arson.

(7) A person guilty of arson is liable to level 4 imprisonment (15 years maximum) despite anything to the contrary in this section.

The Maximum Penalty – Arson

According to VIC Law for the charge of Arson,

The maximum penalty for a charge of arson is:

1) 10 years maximum for arson
2) 15 years maximum if arson and intending to endanger the life of another

The charge of arson is defined as a significant offence. Significant offences are a new category of offences introduced to the Sentencing Act 1991 by the Sentencing Further Amendment Act 2011. Offenders who commit a significant offence on or after 1 May 2011 will no longer be eligible for a suspended sentence in any of the Courts.

What the Police must prove according to VIC Law for Arson

(1) a. Damage of property
b. That it was damaged by fire
c. That the property belonged, if only in part, to another

(2) a. Damage of property
b. That it was damaged by fire
c. An intent to endanger the life of another

Possible Defences under VIC Law – Arson

1. Lack of intent
2. For (1), that it was your property alone
3. No intent to endanger the life of another
4. Factual dispute
5. Identification

In VIC which court will hear the matter – Arson

The charge of arson is heard in the County Court

Street Names

Arson, Arson Charge, Burning Charges, Fire charges, Setting fire to things

 

Date: 09/01/2009