Intentionally causing a bush fire is an offence and will be categorised as Arson.
Section 203E of the Crimes Act 1900 (NSW) states:
‘A person who intentionally causes a fire, and who is reckless as to the spread of the fire to vegetation on any public land or on land belonging to another is guilty of an offence’.
Recklessness may also be established by proof of intention.
however, a firefighter or acting under the direction of a firefighter, or a person who caused the fire during bushfire fighting or hazard reduction operations will not be guilty of this offence.
The offence is also found in the Rural Fires Act 1997 (NSW) under s 100 whereby a 5 year imprisonment term is applicable and/or a fine of 1000 penalty units.
1 penalty unit = $110 thus 1000 x $110.00 = $110,000.00 maximum fine.
Causing a fire can lead to a prison sentence of up to 2 years (if heard in the Local Court) or up to 14 years (If heard in the District Court).
Please note these penalties are reserved for the worst kind of offending and are unlikely to be what you would receive.
In NSW, a court can impose any of the following penalties for intentionally causing a bush fire of:
Since Starting a Bush Fire offence is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove each of the elements in the charge beyond reasonable doubt being:
Note: The spread of the fire can be established simply by proof of intention.
Some of the possible defences available for those charged with Starting a Bush Fire can include;
For using a carriage service to menace, harass or cause offence, Rep-Revive Criminal & Employment Lawyers® offers the following options:
For further information on your choices at law click on (CHOICES AT LAW tab on our website)
There are several reasons to engage Rep-Revive Criminal & Employment Lawyers®:
At Rep-Revive Criminal & Employment Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner.
Rep-Revive Criminal & Employment Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.
Rep-Revive Criminal & Employment Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court.
Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal & Employment Lawyers® who have been in the provision of legal service for over 21 years.
If you are caught up in this charge our team at Rep-Revive Criminal & Employment Lawyers® are best suited for representing your case.