Author: Una Ebsworth
Practice area: Murder & Manslaughter
Una is a Director at Doogue + George, recognised by Doyle's Guide as a Preeminent Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 2014 with over 15 years of experience in serious indictable matters. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Una authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Arson Causing Death?
Arson Causing Death is an offence under section 197A of the Crimes Act 1958 (Vic). It applies where a person commits arson and the fire causes the death of another person.
Key points
- What must be proved: A deliberate arson was committed and the fire caused a person’s death
- Type of conduct: Intentional destruction or damage of property by fire resulting in death
- Usual court level: County Court; Supreme Court in bushfire-type matters
The maximum penalty for Arson Causing Death is Level 2 imprisonment (25 years).
Common defences may include the arson was committed by someone else; the fire was accidental; the death was caused by another person or factor.
Have you been accused of Arson Causing Death?
Police Interview
You should get legal advice from one of our lawyers before you attend a Police interview in relation to Arson Causing Death. This is a serious charge which may lead to a term of imprisonment if handled poorly.
The Police are hoping to get admissions from you regarding the offending and to strengthen their case against you. They are not interested in hearing your explanation unless you are providing admissions
It is a very rare that anything you say will help your case. The Police ask questions in a way to make you seem like you are lying even though you are telling the truth. This interview will then be played in front of a jury at your trial.
Pleading Not Guilty
If you deny committing an Arson Causing Death, you will take your matter to trial. We can look through your brief and identify gaps in the Prosecution case and engage relevant experts to help your defence. We can advise you of possible defences to the charges. We can listen to your instructions about the alleged offending and advise you how to go about defending the allegations.
Pleading Guilty
Our lawyers take the time to carefully listen to your personal instructions. Our lawyers are trained advocates and will explain to the court the unique circumstances of your offending and your personal circumstances so that the Court is aware of who they are sentencing not just what they have done. We can help you obtain mitigatory material including psychological reports and character references.
Examples of Arson Causing Death
- Someone sets fire to a eucalypt plantation in outback Victoria. The fire spreads rapidly due to a change in wind direction to a country town and kills someone.
- Someone lights a small fire in a house out of spite and then leaves the house. The fire spreads and kills 2 sleeping occupants.
Our client’s daughter had set fire to the former family home, then became trapped inside the burning premises and died as a result of the fire. The prosecution alleged our client had been involved in a joint criminal enterprise with her daughter to commit the arson. They argued that our client had purchased fuel for the fire, driven her daughter to the house, and had then waited in the back streets while her daughter lit the fire. Our client was acquitted of the charge as she was not guilty at all. She loved her daughter and did not want a fire started.
Defences
- The Arson was committed by someone else.
- The fire was an accident.
- The death was caused by someone or something else.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.
Questions in cases like this
- How can they prove you, not someone else, committed arson?
- How can they prove the you deliberately lit the fire?
- How can they prove the death wasn’t caused by someone or something else?
Maximum penalty and court that deals with Arson Causing Death
The maximum penalty for Arson Causing Death (s197A of the Crimes Act 1958) is level 2 imprisonment (25 years).
The offence is usually heard in the County Court. Although in a bushfire type arson, the Court might decide that the Supreme Court is the appropriate jurisdiction to hear these charges.
What can you be sentenced to for this charge?
Arson Causing Death is a very serious offence that will normally mean that you will serve a prison term if you are found guilty.
Legislation
The section that covers this offence is section 197A of the Crimes Act 1958.
What is the legal definition of Arson Causing Death?
To prove arson Causing Death the Prosecution must first prove that someone deliberately destroyed or damaged another’s property with fire. They must then prove that the fire caused a person’s death.
Was there an intention to start the fire?
