Arson Offences

Arson is a serious crime in New South Wales. Setting fire to property can cause huge damage and risk lives. The law treats it very strictly. The Crimes Act 1900 (NSW) covers arson offences, from burning buildings and vehicles to causing bushfires. Penalties increase if people are harmed or if there’s intent to injure or kill.

If you’re facing arson charges or under investigation, we’re here to provide the legal help you need to safeguard your rights.

The Legal Definition of Arson

Arson means intentionally or recklessly setting fire to property—this could be a house, car, building, bushland, or even a rubbish bin. It doesn’t matter if the fire caused major or minor damage—if it was set unlawfully, it could lead to a criminal charge.

In NSW, arson offences fall under various sections of the Crimes Act 1900 (NSW). Depending on the details of the case, different charges may apply.

Types of Arson Offences (and Their Penalties)

Here’s a breakdown of the key arson-related offences in NSW:

Deliberately or recklessly damaging property by fire – Section 195
- Up to 10 years in prison.
- If done with another person (in company): Up to 11 years.
- If committed during public disorder: Up to 12 years.
Causing damage by fire with intent to injure someone – Section 196
- Up to 14 years, or 16 years if it occurs during public disorder.
Dishonestly causing fire damage for personal gain – Section 197
- Up to 14 years, or 16 years if linked to public disorder.
Damaging property by fire with intent to endanger life – Section 198
- This is the most serious type of arson. It carries a maximum sentence of 25 years.
Bushfire arson – Section 203E
- Lighting a fire and being reckless about it spreading to vegetation or other land: Up to 21 years in prison.

These laws don’t apply to controlled fires lit by trained firefighters during hazard reduction burns or bushfire operations.

💡Note

What Happens If You're Charged With Arson?

If you’re facing arson charges, you’re likely to go through either the Local Court or the District Court, depending on how serious the charge is. The more severe the case (for example, if someone was hurt or there’s a bushfire involved), the more likely it’ll go to the District Court.

You might be arrested, questioned, and held in custody. Or you could be granted bail. In any case, legal advice is absolutely essential.

Possible Defences to Arson Charges

Facing an arson charge doesn’t mean you’re automatically guilty. Some of the legal defences that may apply include:

You didn’t mean to start the fire
It was an accident
You weren’t there (alibi)
The evidence is weak or unclear
You had lawful authority (such as a firefighter or land manager)

Every case is different. That’s why it’s so important to get a criminal lawyer who knows exactly how to handle arson offences in NSW.

How We Can Help You for Arson Charges

At CIA Lawyers, we specialise in helping people charged with serious criminal offences, including arson. Whether it’s a one-off mistake, a misunderstanding, or something more complex, we’re here to guide you through it.

We’ve handled a range of arson matters—from minor fires to serious bushfire allegations—and we know what it takes to build a strong defence. We’ll listen to your side, explain the law in simple terms, and fight to protect your future.

No judgment. Just smart, experienced help when you need it most. Call us now or book a consultation online. The sooner you get advice, the better protected you’ll be.

FAQs

Q: Can I go to jail for lighting a small fire that didn’t cause much damage?

A: Yes. Even if the fire was small or didn’t cause serious harm, if it was set illegally, you could still face criminal charges and prison time.

Q: What if I didn’t mean to start the fire?

A: Intent matters in arson cases. If it was truly an accident or you didn’t act recklessly, your lawyer may be able to argue that you shouldn’t be convicted.

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