Author: Andrew George
Practice area: public order offences
Andrew is a founding Director of Doogue + George, ranked by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1995 with over 30 years of experience across all Victorian courts, tribunals and Royal Commissions. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Andrew authored this content and last revised it for accuracy on 6 August 2026.
What is the offence of Intentionally or Recklessly Causing a Bushfire?
Intentionally or Recklessly Causing a Bushfire is a serious criminal offence in Victoria created by section 201A of the Crimes Act 1958 (Vic). It addresses conduct connected to the creation of bushfires and the risks they pose to people, property, and the environment.
Key points
- What must be proved: a bushfire was caused and the accused acted intentionally or with recklessness regarding its spread
- Type of conduct: behaviour connected to starting a bushfire or allowing it to spread uncontrolled
- Court jurisdiction: Magistrates’ Court or County Court
The maximum penalty for Intentionally or Recklessly Causing a Bushfire is level 4 imprisonment (15 years).
Common defences may include that no bushfire was caused, the fire was lit lawfully for land management or fire prevention, or the circumstances did not amount to recklessness.
Have you been accused of Intentionally or Recklessly Causing a Bushfire?
Police Interview
You should call us for advice before going in for a Police interview. If you are being interview by Police it is likely that they have passed the investigation stage and are preparing to charge you. Do you believe that the Police are simply engaged in a search for the truth? This is unfortunately not usually the case. The Police are trying to obtain the necessary evidence to charge you. Any admissions you make, however innocent they may seem to you, can be used against you in Court. You should seek advice from our lawyers before you make any comment to Police.
Pleading Not Guilty
Having the best possible lawyers conduct your trial could be the difference between an acquittal and a guilty verdict. This is a serious charge and you need expert legal representation to increase your prospects of being found not guilty. Our firm has the distinction of having in-house counsel, which means you can speak with your Trial counsel from your first meeting at our office and they will be engaged throughout the entire process. Not every allegation is true. Do not plead guilty to something you didn’t do. Call us for advice regarding your matter today.
Pleading Guilty
You may have admitted wrongdoing in the interview or the evidence against you is very strong. Our lawyers are experts in criminal law and several of them are accredited criminal law specialists. Our task is to resolve the case on the most appropriate charge, ensure the summary is fair and to make a plea in mitigation so that you receive the most favorable sentence possible. We will tell your story, both of your life and of your offending, so that the Court understands they are sentencing a human being on their worst day. We can help you get the best possible outcome.
Sentencing
Sentencing in the higher courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Crimes Act 1958 (Vic) s 201A(1) — 68 charges across 16 cases, higher courts, 1 July 2019 – 30 June 2024.
| Outcome | % |
|---|---|
| Imprisonment | 94.1% |
| Community Correction Order | 2.9% |
| Fine | 1.5% |
| Other | 1.5% |
The data demonstrates that a term of imprisonment is almost certain at this level, reflecting the extreme danger and potential devastation associated with bushfire offending. Non-custodial outcomes are rare. In determining sentence, the court will consider the extent of the damage or risk created, any harm caused, prior history and the offender’s personal circumstances. Given the very high likelihood of imprisonment, careful preparation and experienced advocacy are essential.
Examples of Intentionally or Recklessly Causing a Bushfire
- Friends are camping in the bush, they make a fire and the fire gets out of control.
- A man deliberately sets fire to vegetation on his neighbours farm.
Defences
- You did not light a bush fire.
- The fire was lit legally during fire prevention or land management.
- You lit the fire, but the circumstances were so extraordinary that you were not reckless.
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
- Did you light a fire that got out of control?
- Was someone else supervising the fire?
Maximum penalty and court that deals with this charge
The maximum penalty for Intentionally or Recklessly Causing a Bushfire (s201A of the Crimes Act 1958) is level 4 imprisonment (15 years).
This charge may be heard in the Magistrates’ Court or the County Court.
Legislation
The section that covers this offence is section 201A of the Crimes Act 1958.
What is the legal definition of Intentionally or Recklessly Causing a Bushfire?
The Prosecution must show that you intentionally or recklessly caused a bushfire, and were reckless as to the spread of the fire.
Did you cause a bushfire?
