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Arson Lawyers Queensland
Arson is a serious criminal offence in Queensland. If you or someone you know has been accused of deliberately lighting a fire, it’s essential to understand what the law says, what penalties are involved and why you must seek urgent legal advice.
Call us if you're facing an arson charge
At Osborne Butler Lawyers, we’re experienced in defending all types of arson charges across Queensland. We have offices in central locations in Cairns, Brisbane and Gold Coast and attend court locations across QLD.
We understand how these cases are prosecuted and know how to challenge the evidence, negotiate with prosecutors and build the best defence.
Use the form to ask us anything. We’ll respond in 24 hours.
What is arson under Queensland law?
Arson is defined under section 461 of the Criminal Code Act (Qld) as wilfully and unlawfully setting fire to certain types of property.
Put simply, that means arson is deliberately setting property on fire. Accidental fires aren’t classified as arson, even if they cause major damage.
Common examples of arson include:
- Setting fire to a house, unit or building
- Burning a motor vehicle, boat or caravan
- Lighting vegetation fires with intent to damage land or crops
- Deliberately damaging personal property by fire, such as furniture, equipment or business stock.
What matters is the intent to destroy or damage by fire: not how big the fire was, how much it destroyed or whether the property was insured.
Types of arson offences
Common types of arson include deliberate acts of setting fire to:
- Dwelling houses or residential buildings: whether occupied or not
- Vehicles and vessels: including cars, boats, caravans or aircraft
- Commercial or public property: premises such as offices, schools, shops or factories
- Vegetation and land: starting bushfires or grassfires is also an offence under section 463 of the Criminal Code Act (Qld).
Also, endangering the property listed above by fire (i.e. by setting fire to something near them, with likelihood that it too will catch fire) is an offence under section 462 of the Criminal Code Act.
Aggravating factors in arson offence
Courts are likely to regard arson as more severe if the fire was lit:
- While people were inside or nearby
- In company with others
- During a declared fire danger period, or
- With intent to gain an insurance payout.
What are the penalties for arson in Queensland?
Arson carries a maximum penalty of life imprisonment.
Recent data from the Queensland Sentencing Council, shows that around 70% of arson convictions result in a custodial sentence (i.e. imprisonment). However, the length of sentence varies depending on factors such as:
- The extent of damage caused
- Whether people’s lives were endangered
- The offender’s intent (e.g. whether the fire was started for revenge, financial gain or reckless thrill-seeking)
- The offender’s criminal history and personal circumstances
- Whether the offender cooperated with authorities or showed genuine remorse.
In addition to any fine or sentence, courts may order:
- Restitution or compensation for the property damage
- Consideration of the broader community impact, particularly for vegetation fires that threaten towns or farmland.
For the related offences of endangering particular property by fire or setting fire to vegetation, the maximum sentence is 14 years’ imprisonment.
What should you do if you are charged with arson?
If you have been charged with arson (or you believe you may be), it’s vital you get legal advice immediately. Getting a lawyer early in the process can make a big difference to the outcome. After all, arson cases often involve technical evidence, including fire science, accelerant testing and witness reports. And it’s important that these are prepared properly and in a timely fashion.
Your lawyer will help you:
- Understand the seriousness of the allegations and the possible consequences
- Exercise your right to remain silent and avoid self-incrimination
- Examine the evidence, including forensic fire investigation reports
- Explore possible defences, such as:
- Accident if the fire was not deliberately lit
- Lack of intent if you didn’t intend to cause damage
- Mistaken identity if there is doubt about who lit the fire
- Mental impairment of your capacity to understand or control your actions was limited.
- Gather your own expert evidence to support your defence.
Your lawyer will also negotiate with prosecutors to reduce charges or explore alternative outcomes.
When should you contact a criminal defence lawyer after being charged with arson?
You should seek urgent legal advice if:
- Police or fire investigators have contacted you about a fire incident
- The arson squad wants to interview you
- You have been charged (or believe you may be charged) with arson or a related offence
- You’ve received a notice to appear or summons for fire damage
- You’re involved in an incident involving suspicious fires, even if no charges have yet been laid
- An insurance company investigation may lead to criminal allegations.
Call us if you're facing an arson charge
At Osborne Butler Lawyers, we have extensive experience defending serious criminal charges, including arson.
If you’re under investigation or have been charged, contact us immediately. Arson charges carry severe penalties and can result in long prison sentences – don’t face them alone.
Use the form below to get in touch. We’ll respond within 24 hours.
Frequently asked questions about arson in Queensland
What is the maximum penalty for arson in Queensland?
Arson carries a maximum penalty of life imprisonment. However, actual sentences vary depending on the circumstances of the fire, such as the level of damage caused, whether people were put at risk and the offender’s intent.
Is reckless burning the same as arson?
Not always. To be guilty of arson, the prosecution must prove you intended to cause damage by fire. Careless or reckless behaviour that leads to a fire may still result in other charges (such as endangering property), but intent is what makes something arson.
Can arson charges be dropped?
Yes. Depending on the evidence, your lawyer may be able to argue that the fire was accidental, that you lacked intent or that there is insufficient proof you caused it. In some cases, arson charges can be reduced to lesser offences.
Do all arson convictions in Queensland lead to a prison sentence?
Technically, no. However, in reality almost all arson convictions in Queensland lead to a custodial sentence (i.e. imprisonment). The length of imprisonment depends on the seriousness of the offence, the damage caused, and your personal circumstances.
What should I do if police or fire investigators want to interview me?
Do not answer questions without a lawyer present. Politely decline to be interviewed until you have obtained legal advice. Anything you say can be used against you in court.
How We Can Help You
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If you or someone you care about is facing an arson charge in Queensland, contact Osborne Butler Lawyers immediately for expert legal advice and defence.
Need a Criminal Defence Lawyer? Contact Osborne Butler
If you have a question or require legal advice or representation, please complete this form and we’ll respond within 24 hours. For urgent matters, please call us:
Cairns: 07 4041 3301
Brisbane: 07 3521 5588
Gold Coast: 07 5532 0066
