Arson Charges in Queensland

Have you been charged with Arson?

 

A charge of arson under Section 461 of the Criminal Code Act 1899 (Qld) is a serious offence in Queensland. The maximum penalty is life imprisonment.

The complexity of arson charges often lies in the expert evidence from the forensic fire investigators to determine the cause and origin of the fire, as well as assessments by fire experts to establish whether the act was deliberate. Our arson lawyers have extensive experience in dealing with this type of evidence, including identifying any gaps, inconsistencies, or weaknesses that could be used to strengthen your defence.

If you are charged, seeking legal advice early can make a significant difference to the outcome. Get in touch to speak with one of our criminal lawyers today, to see how we can help your case.

What is Arson?

Under Section 461 of the Criminal Code Act 1899 (Qld), arson is defined as wilfully and unlawfully setting fire to property. This includes:

  • Buildings or structures

  • Vehicles, trains, or aircraft

  • Crops or vegetation

  • Any property belonging to another person

What is the penalty for Arson?

If convicted, the maximum penalty for arson is life imprisonment. While not all individuals convicted of arson will receive this maximum sentence, it reflects the seriousness of the offence. The Court considers many factors when determining an appropriate penalty, including:

  • The scale of the property damage – The extent of damage caused, including financial and environmental impacts.

  • The danger to persons – Whether the fire placed individuals at risk of injury or loss of life, including first responders.

  • The intent behind the fire – Whether the act was deliberate, reckless, or motivated by financial gain, revenge, or other reasons.

  • The defendant’s antecedents – Any prior criminal history, including similar offences, and personal circumstances such as age, employment, and family obligations.

  • Mental health or medical conditions – Whether the defendant’s mental state or health contributed to their actions.

  • The location of the fire – Fires in public or high-risk areas, such as residential buildings, schools, or hospitals, may attract harsher penalties.

  • Impact on victims – The level of harm or distress caused to property owners or other affected parties.

  • Pre-meditation or planning – Whether the act was spontaneous or involved significant planning.

  • Presence of aggravating factors – Such as endangering emergency responders or causing secondary damage, like spreading the fire to other properties.

What are strategies to defend Arson charges?

Our lawyers will carefully examine the evidence and circumstances to develop the best strategy for your case.

  • We take a very thorough approach and consider all possible arguments. This includes:

  • Whether the prosecutor can prove that you were the person that set the fire

  • Whether the fire was set wilfully, meaning whether you had an actual in intention to set fire to the property or deliberately did an act aware at the time, that arson was a likely consequence of the act and that you did the act regardless of the risk

  • The fire was set unlawfully, meaning it was done without the owner’s consent, or is otherwise not authorised, justified or excused by law

  • Whether the fire was the result of an accident

Given the complex nature of arson cases, involving forensic fire experts and detailed investigations, we also focus on identifying any weaknesses in the prosecution’s evidence. In some cases, it may be appropriate to negotiate with the prosecution to have the charge reduced or discontinued.

What should I do if I have been charged?

If you are charged with arson, it is essential to:

  • Seek legal advice before participating in a record of interview with the police

  • Preserve any evidence in your favour, such as text messages, photos, or receipts. Advise your lawyer immediately if there may be any relevant CCTV. It is critical to do this early as CCTV can often be written over very quickly

  • Write down anyone who may be a potential witness for you and provide their names to your lawyer. Do not approach them yourself. Do not contact the complainant or anyone who may be a potential witness

The early stages are critical in shaping the outcome of your case. Our experienced team will thoroughly review the evidence and provide strategic advice to achieve the best outcome for your case.

Contact us

If you or someone you know needs to speak with an Arson Lawyer in Brisbane, contact Ashworth Lawyers today. Call us on (07) 3012 6531 or complete a Quick Enquiry on our website for a confidential discussion with our experienced team.