What should I do if I have been charged with Arson in Qld?
Arson is a very serious criminal offence in Queensland. Under section 461 of the Criminal Code 1899 (Qld), the maximum penalty is life imprisonment.
A conviction can have life-changing consequences for your freedom, career, and reputation. If you are being investigated or charged, you should not speak with police until you have obtained legal advice. Our arson lawyers are available now on (07) 3012 6531 or request a callback for a confidential discussion about your case.
What does the law say about arson in Queensland?
Section 461 makes it a crime to wilfully and unlawfully set fire to:
a building or structure
a motor vehicle, train, aircraft, or vessel
a stack of cultivated produce or mineral/vegetable fuel
a mine, or mining equipment
It does not matter if the item is complete or incomplete – for example, a partly built house or car can still be the subject of an arson charge.
Attempted arson is also a crime and, while it carries a lower maximum penalty than arson itself, it still attracts significant custodial sentences.
What does the prosecution need to prove in an arson case?
To convict someone of arson, the prosecution must prove beyond reasonable doubt that:
you set fire to one of the items listed in section 461
you did so wilfully (intentionally, or knowing fire was a likely outcome and acting anyway)
you did so unlawfully (without a lawful excuse, even if you owned the property)
“Setting fire” does not require you to physically light the fire yourself. The courts have held that any conduct that causes the property to ignite will be enough, provided there is actual burning. Even a slight burn is sufficient, but scorching or smoke damage alone is not enough (R v Joinbee [2013] QCA 246).
“Wilfully” means either acting with the actual intention of burning property, or knowing that burning was a likely consequence of your actions and proceeding regardless (R v Lockwood; ex parte A-G [1981] Qd R 209).
What happens in court if I am charged with arson?
Before the first court date, we can obtain a QP9 on your behalf. This is a document prepared by the police prosecutor that sets out the alleged facts and a summary of the evidence. From this, we can provide you with initial advice about whether the case may be suitable for a guilty plea, a not guilty plea, or whether there is scope to negotiate with the prosecution.
Arson charges always start in the Magistrates Court. They go through what is called the committal process, which usually takes around 6 to 9 months. After this stage, the matter is transferred to the District Court for either trial or sentence. That stage can take another 6 to 12 months.
Overall, an arson charge can take 18 to 24 months to finalise. In some cases, however, there are opportunities to resolve matters much earlier through negotiations. Each case is different, and we carefully consider these options from the outset.
What sentence could I get for arson in Queensland?
Arson carries a maximum penalty of life imprisonment, reflecting how seriously the courts treat the offence. While not every case results in life imprisonment, courts often impose actual jail terms.
Sentencing depends on:
whether anyone was put at risk of injury
the extent of property damage and financial loss
motive, such as fraud or revenge
personal circumstances and criminal history
Case examples
In R v Sparks, the offender arranged for an accomplice to burn her house for an insurance claim and received four years’ imprisonment.
In R v Silasack, the offender attempted arson against an ex-partner out of revenge and received five years’ imprisonment for attempted arson, as part of a six-year sentence.
In R v O’Rourke, the offender set fire to his own house and committed insurance fraud involving $100,000–$150,000 loss, receiving three years’ imprisonment with parole after 18 months.
In R v Robertson and R v Hamstra, offenders convicted of arson received lengthy custodial sentences, demonstrating the courts’ willingness to impose significant penalties.
These cases show that imprisonment is a common outcome, and so early advice is critical to prepare a strong defence or detailed mitigating material in seeking the least penalty.
Can I defend an arson charge?
Possible defences include:
No actual burning – scorching or smoke damage without burning is not enough
Accident – where you did not intend or realise fire was a likely outcome
Lawful excuse – such as acting to protect yourself, others, or property under section 458 of the Code
Identity – can the prosecutor prove that you were the one who lit the fire?
Intoxication – in some circumstances, intoxication may affect whether you had the required intention (R v Eustance [2009] QCA 28). In Eustance, the court found that intoxication is relevant to whether the Crown can prove the “wilful” element of arson. If a person was so intoxicated that they did not intend or foresee the likely risk of fire, then they may not be guilty of arson although though they could still face other charges depending on the facts.
Defences are highly fact-specific and need to be considered strategically from the very beginning. The earlier these issues are identified and prepared, the stronger the prospects of a successful defence.
How can an arson conviction affect my career and future?
A conviction for arson can:
prevent you from holding professional licences (such lawyers, doctors, nurses, engineers, accountants, financial advisors, and directorships)
stop you from obtaining a Blue Card or security licence
affect your employment and ability to travel internationally
cause long-term damage to your reputation, career, and family life
For many clients, the impact on their career and reputation is just as concerning as the risk of imprisonment. Our lawyers are experienced in helping clients minimise these consequences with early advice.
What should I do if I am charged with arson?
If you are being investigated or charged with arson:
Do not give a police interview without a lawyer present
Do not contact witnesses or alleged victims
Preserve any evidence that may help your defence (CCTV, texts, emails, etc.)
Get urgent legal advice before making any decisions
Why should I get legal advice early for an arson charge?
Early legal advice allows your lawyer to:
prepare a strong bail application
analyse the evidence and identify weaknesses in the prosecution case
gather and preserve evidence
negotiate with the prosecution where appropriate
At Ashworth Lawyers, we have represented over 1,000 clients in the District and Supreme Courts, including some of Queensland’s most serious and complex cases. Call (07) 3012 6531 now or request a callback for confidential advice from Qld’s best criminal lawyers.
Frequently asked questions about arson in Queensland
Is jail automatic for arson?
Not always, but imprisonment is common. Courts will look at the seriousness of the act, damage caused, and your personal circumstances.
Can arson charges be dropped before trial?
Yes. Charges may be withdrawn if evidence is weak, if actual burning cannot be proven, or after negotiations with the prosecution.
Does it matter if the property was mine?
No. Under section 459, arson can still apply even if you partly or wholly owned the property.
How long do arson cases take in Queensland courts?
Arson cases in the District Court can take years to resolve, depending on the complexity of the evidence. Our arson lawyers Brisbane work quickly to progress your matter and ensure you are kept informed at every stage.
If you are facing an arson charge in Queensland, call (07) 3012 6531 now or request a callback for a confidential discussion with our best Brisbane criminal defence lawyers.
The information on our website is general in nature and does not constitute legal advice. Please contact our team for specific advice about your case.