What Constitutes the Crime of Arson & Property Damage

In every corner of the world, playing with fire is considered very dangerous and a risk to personal and public safety. Unfortunately, there are people out there who use fire with malicious intent, thereby making it a crime which can be dangerous and difficult to detect: arson.



The Australian Capital Territory, in particular, is not free of arson cases. In the Crimes Act 1900 there are a few varieties of the offence with which a person can be charged. The offences cover criminal behaviour of using fire to the detriment of human life and property. In this guide, we talk about everything there is to know about arson.

The Crimes Act 1900 (ACT) specifically deals with arson, and under it are two distinct offences that capture acts of fire-related damage. There is also a separate damage property offences committed other than by fire or explosive which are worth outlining to compare against the fire-related offences.

Section 117 of the Crimes Act creates an offence committed through dishonest destruction and damage to a property through fire. Punishment can be a maximum of 20 years in prison, but this offence can only be punishable under the section if the arson is proven to have been done under the intent of gain for himself or herself or another person. An “insurance job”, for instance, may be a common motive for committing this type or arson offence.

The same section of the Crimes Act creates an offence of arson for a person who committed this act with the intention of endangering another person’s life. If proven, the accused faces a potential maximum penalty of 25 years imprisonment.

Damage to property charges

There are other types of property related charges which one can be charged with which do not involve fire. These types of offences are as follows.

Section 116 of the Crimes Act creates a criminal offence if a person commits intentional destruction or damage to property (other than by fire or explosive) another with a view to gain for himself or herself or another person. The maximum penalty for this type of offence is 300 penalty units, imprisonment for 15 years, or both.

Section 116 of the Crimes Act also creates the offence of destruction or damage to property if it is committed in circumstances involving an intention of the accused person endangering the life of  another individual by that damage or destruction.  Those found guilty of this offence face a potential maximum penalty of 20 years in prison.

Unfortunately, arson remains a serious problem across the country. Whether one’s motives are harm or financial gain, starting an uncontrollable fire has potentially deadly consequences.



Because of the deadly nature of fire-related crimes, a strict penalty is dealt out to those found guilty, all in the hopes of deterring others from setting fire to properties. Given the nature of the crime and the fact that some evidence may be destroyed by the fire itself, arson can be difficult to identify and prove. Research is still needed in the Australian context, particularly due to the fact that apprehended arsonists may not necessarily have criminal histories. The crime is often linked to gang related offending or, as discussed, may be an “insurance job”.

While arson can be difficult to trace and prove, the offences are clearly not dealt with lightly when you consider the maximum penalties you face. There are plenty of aspects involved, particularly when it comes to pieces of evidence involved, lives affected, and the damages caused by the act. It is important to remember that the elements of the offence need to be proven and often intent of the arsonist needs to be proven by the prosecution in the particular case. Some of the discussed offences also require the proof of an element of “dishonesty” on the part of the alleged arsonist.

If you find yourself accused of arson or a damage to property-related offence and in need of reliable criminal lawyers in Canberra, Andrew Byrnes Law Group is the firm to call. With experience in some of the most serious cases and a passion for justice, we’ll provide you with results-driven legal advice and lawyers that will fight fearlessly and aggressively to help you get the best possible result in your case. It won’t cost you a cent to get in touch — reach out to our team today.