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An offence that damages other people’s properties is a strict crime in the Northern Territory. Such crimes have severe penalties and punishments.
If you are convicted of an Arson offence in the NT, the offence will show up as a disclosable court outcome (DCO) on a national criminal record check in the NT.
The offence will remain on an individual’s criminal record check unless it is legally expunged after a certain period of time if it qualifies for NT’s Spent Convictions Scheme.
Arson offences are not limited to damaging other people's properties but include using explosives and fire. The offender can use fire and explosives to damage crops, conveyance and buildings.
Threatening someone to use fire or explosives to damage their properties also comes under the category of arson offences. Threatening can be used not only for buildings but conveyance too.
Section 243, 244, and 245 of the Criminal Code Act 1983 (NT) covers Arson offences in the Northern Territory.
If a person causes damages to property, conveyance or building using explosives and fire, they are guilty of the crime or Arson.
The fault elements regarding provision 1 of Section 243 of the Act are the following,
The penalty for such offence in provision 1 of Section 243 is up to life imprisonment.
If the legal authority convicts a person of attempting an Arson offence mentioned in subsection (1), they will be guilty of the crime, and the penalty will not exceed 14 years of imprisonment.
Provision 3 of Section 243 of the Act says that a person who threatens another person for destroying or causing damage to their conveyance or building using fire or explosives is guilty of the crime.
The fault elements regarding this provision are the following,
The Maximum Penalty for the crime under provision 3 is up to seven years of imprisonment.
Proving a threat of Arson
Section 244 of the Criminal Code Act 1983 (NT) deals with Bushfires.
Likely spread of fire
A person is guilty if,
The person was reckless to cause the fire or had intentionally caused the fire.
The maximum penalty under this section for the crime is up to 15 years of imprisonment.
Land or fire management
Provision (1) does not apply to those who start the fire for land management or fire management if they were following the laws of the Northern Territory.
Section 245 of the Criminal Code Act 1983 (NT) deals with a person leaving explosive substances at a place to provoke a fire.
A person is guilty if they leave explosives and other such substances on another person's property with the intention that it will cause fire and damage the property.
The maximum penalty for such an offence under Section 245 is seven years of imprisonment.
The High Court of the Northern Territory in Australia generally deals with Arson Offences.
If a person got convicted for an Arson offence in Northern Territory, the court might award the following penalties. While citing one of these penalties, the court considers the circumstances of the matter, including individual cases, the defendant's background, and the seriousness of the offence. Penalties for an Arson offence may include;
The court considers the matter's question of fact, circumstances, and seriousness and the offender's background. The court also finds mitigating factors which argue against the penalty and the custodian sentence. Mitigating factors that reduce the ruling include the offender's character, such as age, criminal history, reputation, and good character. Before awarding the punishment, the court looks into and considers all the circumstances.
However, arson offences are given severe penalties because of the consequences caused by arson offences.
Individuals commit Arson offences in Northern Territory for several purposes.
For Arson Offences in the Northern Territory, the following defences are available.
According to the Criminal Code Act of the NT the intention of the offender needs to be satisfied. Igniting fire needs to be done willfully.
The lawful excuse can serve as a defence against bushfires if the defendant proves that they started the fire for a lawful purpose.
Those who are below the age of 10 cannot be held responsible for the crime.
Mental impairment may serve as a legal defence. Suppose the accused have a cognitive impairment to the point where the accused does not understand the nature of the conduct and distinguish between improper and proper behaviour. In such a case, the Court may find the accused to be not guilty. For example, a person with intellectual disability or mental illness.
Identity can serve as a factual argument in court. The defendant can argue that the prosecution has not proven the offender’s identity beyond reasonable doubt.
If an individual is convicted in Tasmania for the offence of Arson, the offence will show up as a disclosable court outcome (DCO) on the results of their criminal record check.
Individuals can obtain a police check online via the Australian National Character Check - ANCC® website.
Criminal Code Act 1983 (NT) - https://legislation.nt.gov.au/en/Legislation/CRIMINAL-CODE-ACT-1983
NT Law Handbook (Offences Against Property) - http://ntlawhandbook.org/foswiki/NTLawHbk/OffencesAgainstProperty
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