Law Information - Other Criminal Offences - TAS

Arson

Date: 09/01/2009

The Law -

Any person who unlawfully sets fire to any building, erection, or structure whatever, whether the same is completed or not, or to any stack or heap of cultivated vegetable produce, or of timber, or of mineral or vegetable fuel, or to any mine, or to any ship or vessel, completed or not, is guilty of a crime, which is called arson.

What the prosecution must prove - Arson

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

The Maximum Penalty for Arson is

The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she thinks fit in the circumstances of each particular case.

Possible Defences - Arson

(a) Duress

(b) Factual dispute

(c) Identification dispute

(d) Lack of intent

(e) Mental impairment

The Court process - Arson

Supreme Court