Crime Topics Menu
Law Offences Menu
- Assault Charges
- Bail Offences
- Breaching Offences
- Commonwealth Offences
- Domestic Violence Offences
- Drug Charges
- Firearm Offences
- Fraud Offences
- Murder/Manslaughter Offences
- Other Criminal Offences
- Perjury Charges
- Public Order Offences
- Robbery Offences
- Sexual Offences
- Theft & Dishonesty Offences
- Weapons Offences
- White Collar Offences
Recent Case Studies
Murder
Case study, by VIC criminal lawyers.
Arson Causing Death - Acquitted at trial
Case study, by VIC criminal lawyers.
Culpable Driving - Acquittal
Case study, by VIC criminal lawyers.
Culpable driving
Article, by VIC criminal lawyers.
Attempted Murder - Charges Withdrawn
Case study, by VIC criminal lawyers.
Case study, by VIC criminal lawyers.
Arson Causing Death - Acquitted at trial
Case study, by VIC criminal lawyers.
Culpable Driving - Acquittal
Case study, by VIC criminal lawyers.
Culpable driving
Article, by VIC criminal lawyers.
Attempted Murder - Charges Withdrawn
Case study, by VIC criminal lawyers.
Arson causing death
Arson causing death
ADLA member for - VIC
Written by
Bill Doogue
Criminal Defence Lawyer
Murder / Manslaughter Offences - VIC
The Law - Arson causing death
What the Law states - Arson causing death
Crimes Act 1958 - SECT 197A
Arson causing death197A. Arson causing death
A person who commits arson as defined in section 197 and thereby causes the death of another person is guilty of an indictable offence.
Maximum Penalty in Victoria
The maximum penalty for a charge of arson causing death is 25 years imprisonment.
The charge of arson causing death is defined as a significant offence. Significant offences are a new category of offences introduced to the Sentencing Act 1991 by the Sentencing Further Amendment Act 2011. Offenders who commit a significant offence on or after 1 May 2011 will no longer be eligible for a suspended sentence in any of the Courts.
What the Prosecution must prove - Arson causing death - Vic
1. Damage of property
2. That it was damaged by fire
3. That the damage to the property by fire caused the death of another person.
Possible Defences - Arson causing death
No intent to start fire
Factual dispute
Duress
Necessity
Which court will hear the charge of Arson causing death
The charge of arson causing death is heard in the County Court
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
