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Arson and property damage

Damage building or motor vehicle by fire or explosive

It is an offence to intentionally or recklessly damage another person's property (building or motor vehicle), using fire or explosives.

Maximum penalty: Life imprisonment

[Criminal Law Consolidation Act 1935 (SA) s 85(1)]

Causing a bushfire

There is a separate offence where a person intentionally or recklessly causes a bushfire, burning vegetation on land which is not that person's land or land of a person who authorised the lighting of the original fire.

Maximum penalty: imprisonment for 20 years

[Criminal Law Consolidation Act 1935 (SA) s 85B]

Damage building or motor vehicle other than by fire or explosive

It is also an offence to intentionally or recklessly damage another person's property (building or motor vehicle), in any another way (other than by fire or explosives).

Maximum penalty: 10 years imprisonment

[Criminal Law Consolidation Act 1935 (SA) s 85(2)]

Damage property other than building or motor vehicle

It is an offence to intentionally or recklessly damage another person's property (other than a building or motor vehicle).

Maximum penalty: 10 years imprisonment

[Criminal Law Consolidation Act 1935 (SA) s 85(3)]

Threat to damage property

It is also an offence tothreaten to damage another person's property intending to create fear that the threat will be carried out or being recklessly indifferent to the creation of fear.

Maximum penalty:

Basic offence: 5 years imprisonment

Aggravated offence: 7 years imprisonment

Offence aggravated by a threat to commit arson: 15 years imprisonment

[Criminal Law Consolidation Act 1935 (SA) s 85(4)]

Recklessly endangering property

It is an offence to do something knowing that it creates a substantial risk of serious property damage to someoneelse's property.

It is a defence if the accused can prove they held an honest belief that the act was reasonable and necessary for the protection of life or property.

Maximum penalty: 6 years imprisonment

[Criminal Law Consolidation Act 1935 (SA) s 85A]

Arson and property damage  :  Last Revised: Fri Jul 25th 2014
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