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
Obtaining property by deception - Suspended Sentence
Case study, by VIC criminal lawyers.
Obtaining property by deception - Diversion
Case study, by VIC criminal lawyers.
Obtaining property by deception x 8, Attempted to Dishonestly Obtain Property x 2 - Community Based Order
Case study, by VIC criminal lawyers.
Fail to comply with requirement to furnish form x 2 - Good Behaviour Bond
Case study, by VIC criminal lawyers.
Theft - Good Behaviour Bond
Case study, by VIC criminal lawyers.
Case study, by VIC criminal lawyers.
Obtaining property by deception - Diversion
Case study, by VIC criminal lawyers.
Obtaining property by deception x 8, Attempted to Dishonestly Obtain Property x 2 - Community Based Order
Case study, by VIC criminal lawyers.
Fail to comply with requirement to furnish form x 2 - Good Behaviour Bond
Case study, by VIC criminal lawyers.
Theft - Good Behaviour Bond
Case study, by VIC criminal lawyers.
Wilfully giving false alarm of fire
Wilfully giving false alarm of fire
ADLA member for - VIC
Written by
Josh Taaffe
Criminal Defence Lawyer
Fraud / Dishonesty / Theft Offences - VIC
The Law - Wilfully giving false alarm of fire
What the Law states - Wilfully giving false alarm of fire
Summary Offences Act 1966 - SECT 12
Wilfully giving false alarm of fire12. Wilfully giving false alarm of fire
(1) Any person who wilfully gives or causes to be given to any brigade within the meaning of the Metropolitan Fire Brigades Act 1958 or the Country Fire Authority Act 1958 a false alarm of fire shall be guilty of an offence.
Penalty: For a first offence-10 penalty units or imprisonment for two months;
For a second or subsequent offence-imprisonment for three months.
(2) In addition to any penalty or punishment imposed under this section, the court may order any person convicted of an offence under this section to pay to the Metropolitan Fire Brigades Board or the Country Fire Authority (as the case may be), as compensation for the expenses and charges incurred by any brigade under the control of the Board or the Authority (as the case may be) by reason of the false alarm having been given, such amount as is provided for by the regulations made under the Metropolitan Fire Brigades Act 1958 or the Country Fire Authority Act 1958 or such lesser amount as the court thinks fit.
Maximum Penalty in Victoria
2 months / 10 penalty units
What the Prosecution must prove - Wilfully giving false alarm of fire - Vic
(a) The accused gave or caused to be given a false alarm of fire (i.e. false alarm to a brigade within the meaning of the Metropolitan Fire Brigades Act 1958 or the Country Fire Authority Act 1958).
(b) The accused did so wilfully.
Possible Defences - Wilfully giving false alarm of fire
(a) Duress.
(b) Factual dispute.
(c) Honest and reasonable mistake of belief.
(d) Identification dispute.
(e) Lack of intent.
(f) Mental impairment.
Which court will hear the charge of Wilfully giving false alarm of fire
Magistrates' Court.
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
