Damaging property with fire or explosives is considered a criminal offence under Section 195 of the Crimes Act 1900. This offence can carry severe penalties.

The Main Offence – Section 195 Crimes Act 1900

To establish the offence, the prosecution must prove that a person:

• Destroyed or damaged property belonging to another person;
• Did so intentionally or recklessly; and
• Caused the damage by means of fire or explosives.

When fire or explosives are involved, the law imposes more severe penalties compared to other forms of property damage.

Penalties

The maximum penalty depends on the circumstances in which the offence is committed:

• Standard offence: Up to 10 years’ imprisonment.
• In company with others: Up to 11 years’ imprisonment.
• During a public disorder: Up to 12 years’ imprisonment.

Related Offences

There are several other offences under the Crimes Act relating to the use of fire or explosives:

• Section 196 – Intention to Cause Injury: Damaging property with fire or explosives, intending to cause bodily harm.
• Section 197 – Dishonest Damage: Dishonestly destroying or damaging property by fire.
• Section 198 – Intention to Endanger Life: Damaging property with fire or explosives, intending to endanger life.
• Section 200 – Possession of Explosives: Possessing explosives or similar items with the intent to damage property.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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