Please be ready with your application reference number starting with 'P'. For example P1234567
There are various property-related offences in Queensland. Property offences are a broader category that covers a wide range of property-related offences. In Queensland, there are two types of property-related offences, one is Arson offences, and the other is Burglary offences.
If you are convicted of an Arson offence in Queensland (QLD), the offence will show up as a disclosable court outcome (DCO) on a national criminal record check in QLD. 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 QLD’s Spent Convictions Scheme.
Arson offences are a serious property offence in Queensland, Australia. Arson is intentionally destroying someone's property using fire. Someone who commits an Arson offence knows the consequences and risks to the property from fire.
Arson offences cause significant damages to properties. People commit it for various reasons. Arson offences are one of the most complicated offences to solve and investigate because fire destroys all evidence. The state police department of Queensland appreciates those with a reward who report arson offences.
Arson offences are one of the most severe crimes because the damage caused by this offence can create serious consequences for the victim, which can have a devastating financial effect and cause emotional trauma. This offence can place human lives at risk on a large scale.
In Queensland, Arson offences are considered indictable offences. In case of an indictable offence, a committal hearing is important. After a committal hearing in Queensland, the matter proceeds to the high court of Queensland.
In Queensland, Arson offences are covered in Section 461 of the Criminal Code Act 1899 (QLD).
Section 461 provides that any person who unlawfully and willfully sets fire to,
Is guilty of an offence under the Act.
According to Section 461 of Criminal Code Act 1899 (QLD), the penalty for an Arson offence is up to life imprisonment.
If convicted of an Arson offence in Queensland, the high court imposes one of the following penalties,
The real penalty in the Queensland high court for an Arson offence depends on the circumstances of the matter. This includes individual cases, the seriousness of the crime and the background of the defendant.
Arson offences are a serious criminal offence, and it is likely to be in the category of life imprisonment offences. The defence uses and considers Mitigating factors in arguing against the custodian sentence and reducing the penalty. The mitigating factors include good character, age, no criminal history and reputation within the community.
When the court determines the sentence that needs to be imposed in any criminal matter, the court considers all the offender's circumstances and the offending. Imprisonment is a sentence of last resort, and it is generally not imposed unless no other sentence order is appropriate.
The reason why the law applies a long maximum penalty in the case of Arson Offences is General Deterrence. General deterrence is paramount in granting sentences in Arson offences. This aims to demotivate other members of the community from committing the same crime.
Beyond a reasonable doubt, the prosecution has to prove that the defendant committed the arson offence. The aspects of the arson offence which the prosecution needs to prove are the following;
The prosecution in court will prove the identity of the offender at first.
Scorching or charring is not a regular fire. An actual and a real fire needs to be proved. To satisfy this element and elemental fire needs to be confirmed. R v Joinbee (2013) QCA 246 provides that an actual fire needs to be set.
An act that causes injury to someone or someone's property is unlawful. The prosecution needs to prove that the action is without the owner's consent and is not justified or excused by the law.
The prosecution needs to prove the fact that it was a willful act. It’s to be confirmed that the offender knew about the consequences of the fire and the risks the fire can pose to the property or anything but regardless of all these, the offender did light the fire. The intentions of the offender are the real point here.
The following are some common actions that constitute an Arson offence;
There can be many motives for committing an arson offence. A common question that arises in the public's mind is why someone has committed such an extreme offence. So the following may be the reasons for committing arson.
Arson offences are committed for the purpose to gain financial or material benefit.
People set fire to the business property to collect insurance. They make profits from the market by destroying their competitor's supplies or destroying their shop or warehouse. An arson offence can give more earnings in many other ways, too, to the offender.
People commit Arson offences only for an outlet for hatred, anger or revenge. Sometimes people destroy neighbour farms, homes, and vehicles. A fire in a warehouse or factory can be the result of jealousy of a partner or competitor.
Offenders take revenge by committing arson offences, and there are many examples of vengeance that people take by committing arson offences. Typical examples are destroying fields, burning vehicles.
Vandalism means the malicious and wanton destruction of property, and it covers Juvenile offenders too. Vandalism can be the reason for the Arson offence.
For crime concealment, criminals commit Arson offences. Crime concealment means that the offender destroys evidence or proof of another crime by committing an Arson offence. A typical example is destroying a stolen vehicle to remove DNA and or fingerprints. Sometimes arson offences are committed to remove and destroy hideouts, weapons and other shreds of evidence that can prove in court. In this case, the penalty can increase a lot because the offender has committed two crimes. One is arson offences by burning that specific thing, and removing or destroying evidence is another crime.
To signify extreme Protest, people commit arson offences. Political Protest using fire is usually done for political purposes or in political protests at a large scale. For example, they set fire to abortion clinics or burn tires on the road for road blockage. All those practices, including lightning fire or using fire for Political Protest, are the reasons for Arson offences. People believe that fire can spread havoc, and it is a sign of solid Protest. That is why most of the political movements go for using fire in their Protest.
Some people who have committed arson offences have a personality disorder, mental handicaps, or other psychopathic reasons.
There are several defences available to Arson offences in Queensland. They are the following:
One of the top defences is that the offender lacks the requisite intention. Arson is an offence that must involve a specific purpose to cause a particular result
In R v Lockwood, ex parte Attorney General (1981) Qd R 209, the case gives the dictation that Arson is an act done by a person willfully. Within Section 461 of the Criminal Code, it must be committed recklessly or intentionally.
Identity can serve as a factual that can be argued to the arson offence in court, and it is the argument where the defence can question the matter beyond a reasonable doubt. The defence contends that the prosecution has not cleared the reasonable doubt and the offender's identity is in doubt.
A lawful excuse to start a fire can serve as a defence in an Arson offence. A legal reason to start a fire is the ignition for agricultural purposes, fire-fighting training, or a campfire.
In Australia, a child below the age of 10 cannot be held responsible for a crime.
Mental impairment serves as a legal defence to an arson offence. Suppose the accused has a cognitive impairment to the point where the accused do not understand the nature of the conduct and distinguish between wrong and proper behaviour. In that case, the court may term the accused as not-guilty.
If an individual is convicted in NSW for the offence of Arson, the offence will show up as a disclosable court outcome (DCO) on the results of their Nationally Coordinated Criminal History Check.
Individuals can obtain a police check online via the Australian National Character Check - ANCC® website.
Criminal Code Act 1899 (QLD) - https://www.legislation.qld.gov.au/view/html/inforce/current/act-1899-009
R v Joinbee (2013) QCA 246 - https://www.queenslandjudgments.com.au/caselaw/qca/2013/246
R v Lockwood, ex parte Attorney General (1981) Qd R 209 - https://www.courts.qld.gov.au/__data/assets/pdf_file/0008/86219/sd-bb-196-wilful-damage-s469.pdf
The content on this website is communicated to you on behalf of Australian National Character Check™ (ANCC®) pursuant to Part VB of the Copyright Act 1968 (the Act).
The material in this communication may be subject to copyright under the Act. Any further reproduction of this material may be the subject of copyright protection under the Act.
You may include a link on your website pointing to this content for commercial, educational, governmental or personal use.
The contents of this website do not constitute legal advice and should not be relied upon as a substitute for legal or professional advice.