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ARTICLE · 07 FEBRUARY 2023

Arson offences in New South Wales

Discusses the offence of arson, penalties, causing a bushfire in NSW & what happens if you are a firefighter?

AustraliaCriminal Law

WHAT IS ARSON?

According to the Australian Institute of Criminology, arson is the act of intentionally and maliciously destroying or damaging property through the use of fire.

There are 4 elements within this including actual lighting of a fire, intention to start a fire, malice and that a property or object has been impacted by the fire.

ARSON OFFENCES AND PENALTIES IN NEW SOUTH WALES

Arson offences in NSW falls under legislation involving the destruction of property. This is essentially covered under sections 195, and 203E of the Crimes Act 1900 (NSW), and section 100 of the Rural Fires Act 1997 (NSW).

The main criminal offence in relation to this is destroying or damaging property by fire is under section 195(1)(b) of the Crimes Act 1900. Under this offence, an individual who intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable to 10 years imprisonment if the destruction or damage is caused by means of

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