Accused or charged with an arson related offence?

The maximum penalty for arson in South Australia is life imprisonment. Unlike other jurisdictions, South Australia does not differentiate between basic and aggravated arson offences.

To secure a conviction for arson, the prosecution must prove that:

• A fire or explosion occurred;
• Property (a building or motor vehicle) was damaged; and
• The accused intended to cause the damage or was recklessly indifferent to whether their actions would cause damage.

Arson specifically involves fire or explosives and targets buildings or motor vehicles, while other forms of property damage (under section 85(2)-(3)) involve different methods or other types of property. The penalties for these are typically lower (up to 10 years’ imprisonment).

In South Australia, a person can be guilty of arson even if the damaged property belongs to them, as long as it meets the criteria under section 85 and there was no lawful excuse for the act.

A lawful excuse may include actions taken under legal authority, such as prescribed burns or emergency fire suppression. The accused must believe their actions were justified and carried out in accordance with applicable laws or codes of practice.

Causing a bushfire is a separate offence under section 85B of the Criminal Law Consolidation Act 1935 (SA), with a maximum penalty of life imprisonment, and covers burning vegetation on land without authorisation or lawful purpose.

If convicted of causing a bushfire, the court may impose a monitoring order under section 99L of the Criminal Procedure Act 1921 (SA), requiring electronic monitoring during the fire danger season if the person is deemed at risk of reoffending.

Threatening to damage property, including by arson, is an offence under section 85(4). If the threat involves arson, the maximum penalty increases to 15 years’ imprisonment (as an aggravated offence).

In New South Wales, arson offences are found under the Crimes Act 1900 (NSW) and often carry maximum penalties of 10 to 25 years, depending on the circumstances. South Australia imposes the most severe maximum penalty, life imprisonment, regardless of aggravating factors.

Young people aged 10 and over can be charged with arson. If found guilty, courts may consider age during sentencing and may opt for rehabilitation-focused outcomes. The charge is still serious and can lead to detention.

If the prosecution cannot prove the involvement of fire or explosives, or lacks evidence of intent or recklessness, the charge may be reduced to a general property damage offence under section 85(2) or (3), which carry lower penalties.