Arson Key Facts

Maximum Penalty

  • There is no differentiation between aggravated or basic, and in South Australia the maximum penalty for arson is life imprisonment.

Possible Defences

  • Lawful Excuse
  • Intention

What Is Arson?

In South Australia, you will be guilty of the offence of arson under section 85 of the Criminal Law Consolidation Act 1935 if you without lawful excuse, by fire or explosives, damage property that is a building or motor vehicle (whether the property belongs to the person or to another) by intending to damage property; or being recklessly indifferent as to whether his or her conduct damages property.

Our criminal lawyers at Caldicott Lawyers are experts in all criminal matters, especially arson. 

What Is The Maximum Penalty For Arson?

For arson, there is no differentiation between aggravated or basic, and in South Australia the maximum penalty for arson is life imprisonment.

What Are The Possible Defences For Arson?

Lawful Excuse

You had a lawful excuse for the lighting of the fire or explosive that has caused damage. 

Intention

That you did not intend to damage the property by way of fire or explosive, and that you were also not recklessly indifferent. Further, that your actions did not cause the fire or explosion. 

What the Prosecution Must Prove

To be convicted of arson the prosecution must prove that:

  1. A fire / explosion was lit;
  2. property (building or motor vehicle) was damaged;
  3. you damaged the property by way of fire or explosion intentionally, or with reckless indifference.

Come and see the professional team at Caldicott Lawyers for assistance in your arson matter.

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