The Maximum Penalty for “Arson Causing Death” in Melbourne – How Serious is This Charge?
There is a maximum penalty of 25 years imprisonment for anyone found guilty of the charge of “Arson Causing Death”. This is a very serious offence that typically carries a prison term upon conviction. It is primarily heard in the County Court although cases that involve bushfires may be heard in the Supreme Court.
The legislation on “Arson Causing Death”
Section 197A of the Crimes Act 1958 is the relevant law for “Arson Causing Death” and is as follows:
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.
Penalty: Level 2 imprisonment (25 years maximum).
Pleading guilty or not guilty to “Arson Causing Death” in a Melbourne Court
Deciding whether to plead guilty or not guilty to “Arson Causing Death” has important implications for you and should be made after proper discussions with a criminal defence solicitor. If you are found guilty there could be severe consequences.
Elements of the charge of “Arson Causing Death” in a Melbourne Court
The prosecution must show that damage to property occurred due to a fire and that the fire also caused the death of a person.
Defending the charge of “Arson Causing Death” in a Melbourne Court
Defences that are often run in relation to this charge are factual errors and absence of required intent. Other defences may also be found to be applicable depending on the circumstances.
For more information on “Arson Causing Death”, you may like to visit the Doogue O’Brien George Melbourne Criminal Lawyers site (here).
Doogue O’Brien George Melbourne can provide you more details about this
Our Head Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
This article was written on Sep. 16 2013 and relates to the law that stands at this time.