Back to Top

Back to Sentencing Tables Index

These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Intentionally or Recklessly Destroy or Damage Property by Fire - s.195(1)(b)

(prior to 15.12.2006):

s.195(b) maliciously destroy or damage property belonging to another or to that person and another by means of fire or explosives - Max Penalty 10 years. 

(15.12.2006 – 15.2.2008):

s.195(1)(b) maliciously destroy or damage property belonging to another or to that person and another by means of fire or explosives - Max Penalty 10 years. 

(from 15.2.2008):

s.195(1)(b) intentionally or recklessly destroy or damage property belonging to another or to that person and another by means of fire or explosives - Max Penalty 10 years.
s.195(1A) in company of another intentionally or recklessly destroys or damages property belonging to another or to that person and another by means of fire or explosives - Max Penalty 11 years. 

Case
(age if known)

OffencePleaSentenceAppealRecordFacts

Baker

[2000] NSWCCA 85

s.195(b)PG

1y

NPP 3m

Crown AD 

Female – threw fire bomb at garage door – minimal damage – in dispute with female occupant of house over card collection

Breached bail for armed robbery – heroin addiction – ill health

Priest

[2000] NSWCCA 27

s.195(b)PG

4y

NPP 2y 6m

AD Became emotionally distraught after argument with de facto wife – set fire to house after ensuring house empty of occupant, cats safe and neighbour's truck moved

Pitt

(30)

[2001] NSWCCA 156

s.195(b)

 

 

s.195(a) [no fire – max penalty 5y]

PG

6y

NPP 3y 6m

 

FT 2y

(concurrent)

ADLengthy record including violence

Intoxicated and angry at de facto – damaged household items then set fire to curtain – spontaneous offence

Remorse – Aboriginal – partial concurrency to existing sentence

Glover

[2002] NSWCCA 376

s.195(b)

 

 

 

s.195(b)

VG

8y

NPP 6y

 

 

8y

NPP 6y

(concurrent)

AA

8y

NPP 5y

 

8y

NPP 5y

MinorBecame frustrated with lack of assistance from DOCS department in dealing with difficult child – caused explosion at government building at night – potential danger to neighbours and persons returning home from nearby club

Cairns

(19)

[2003] NSWCCA 395

s.195(b)PG

4y 6m

NPP 3y

AA

4y

NPP 2y

Nil

Assaulted by complainant at nightclub – several days later accompanied two friends to complainant's home – lit bottle containing petrol thrown through front window destroying house – did not ascertain if anyone home – intoxicated

Assistance – prior good character – remorse – good prospects of rehabilitation

Rahme

[2006] NSWCCA 96

s.195(b)

PG

(25% on appeal)

4y

NPP 1y 3m

AA

3y

NPP 1y 3m

 Set fire to family home – severe mental disorder – irrational conduct – breached apprehended violence order

St Alder

[2006] NSWCCA 287

s.195(b)

 

Sched:

s.195(a)

PG

(25%)

4y

NPP 2y

ADMinor

Broke into home belonging to ex-partner's aunt – set fire to top floor bedroom

Remorse

VAA

(47)

[2006] NSWCCA 44

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

ELZAKHEM

Acc before fact to s.195(b)

 

 

Acc before fact to s.195(b)

 

Acc before fact to s.195(b)

 

Consp s.195(b)

 

 

Consp to mal inflict gbh with intent

 

Sched:

2 x consp s.195(b)

PG

(62.5% plea and assist)

3y

NPP 2y

 

 

3y

NPP 2y

 

3y

NPP 2y

 

3y

NPP 2y

 

3y 9m

NPP 2y 3m

 

(all concurrent)

Crown AA

3y

NPP 2y

 

3y

NPP 2y

 

3y

NPP 2y

 

3y

NPP 2y

 

5y

NPP 3y

 

Total:

6y

NPP 4y

Minor

On behalf of principal arranged for premises of business competitors to be damaged and destroyed by fire – millions of dollars damage over extended period of time – arranged for attack on male competitor – schedule offences involved burning premises for insurance purposes

Assistance against principal

Gunes

(27)

[2007] NSWCCA 242

s.195(b)

 

Sched:

Malicious damage

PG

(20%)

4y

NPP 2y 6m

AA

FT 10m 15d

(immediate release)

Nil

Found father-in-law setting fire to restaurant for insurance purposes – provided minor assistance – spontaneous offence – acted out of misguided family loyalty – difficult circumstances

Fled country then returned voluntarily – shame and remorse – strong subjective case

Dunn

(36)

[2007] NSWCCA 312

s.195(b) [damage]

 

 

s.195(b) [destroy]

 

Sched:

Poss 0.5g cannabis

VG

FT 2y

 

 

6y

NPP 4y 6m

 

Total

7y 6m

NPP 6y

AA

FT 2y

 

6y

NPP 4y 2m

 

Total

7y 6m

NPP 5y 8m

Lengthy record – breached parole for AR

Lit fire on porch of neighbouring unit – next day lit second fire destroying neighbour's unit and damaging remaining units in block – believed neighbour a paedophile – did not intend personal injury – mid to upper range of seriousness

Psychological problems with low intelligence

Elzakhem

(40)

[2008] NSWCCA 31

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

VAA

s.195(b)

 

 

s.195(b)

 

s.195(b)

 

s.195(b)

 

s.195(b)

 

Consp s.195(b)

 

Consp s.195(b)

 

Consp to inflict GBH w/i

 

 

Sched:

4 x s.195(b)

PG

(20%)

6y

 

 

6y

 

6y

 

6y

 

6y 6m

 

6y 6m

 

6y 6m

 

13y 7m

 

 

Total:

18y 7m

NPP 9y 1m

Crown AA

FT 6y

 

FT 6y

 

FT 3y

 

FT 1y 6m

 

FT 8y

 

FT 3y

 

FT 3y

 

9y 7m

NPP 4y 7m

 

Total:

20y

NPP 15y

Nil relevant

Owner of hairdressing supply business arranged for several premises of business competitors to be damaged and destroyed by fire – $25m damage over extended period of time – arranged for attack on ex-business partner – motivated by greed and revenge

Depression and physical health problems

Porter

[2008] NSWCCA 145

s.195(b)

 

 

 

s.195(b)

 

 

s.195(b)

 

 

s.195(b)

 

 

s.195(b)

 

 

s.112(1) [BES]

 

 

s.112(1) [BES]

PG

(25%)

7y

NPP 3y

 

 

7y

NPP 3y

 

7y

NPP 3y

 

7y

NPP 3y

 

7y

NPP 3y

 

7y

NPP 3y

 

7y

NPP 3y

 

(concurrent)

AA

4y 9m

NPP 2y 3m

 

4y 9m

NPP 2y 3m

 

4y 9m

NPP 2y 3m

 

4y 9m

NPP 2y 3m

 

4y 9m

NPP 2y 3m

 

FT 12m

 

 

FT 18m

 

Total:

5y 3m

NPP 2y 9m

Assault, shoplifting

Broke into shop stealing cash – set fire to curtain – fire spread to four adjoining premises – damage estimated at $1.2 - $1.5 million.

Error in approach to accumulation / concurrency.

Principles re sentencing arson offender.

Halls

(45)

[2008] NSWCCA 251

s.195(1)(b)

PG

(20%)

4y

NPP 2y

Crown ADPrevious similar offences

Set fire to house which was completely destroyed – damage $163,000.

Intellectual disability – unusual circumstances of case

Coleman

(18)

[2009] NSWCCA 7

s.195(b)

 

 

s.195(b)

 

Sched:

s.195(b)

PG

3y

NPP 12m

 

4y

NPP 18m

 

Total

5y

NPP 2y 6m

ADNilDrove father to scene of first offence and assisted him onto the roof – father set fire to warehouse causing $4.35m damage – acted as lookout for second offence where father caused fire damage to second premises of over $320,000

Watts

[2010] NSWCCA 315

s.195(1)(b)VG

6y 6m

NPP 4y 10m

AA

5y 6m

NPP 4y 1m

significant

Set fire to house being rented from Housing Commission – motivated by problems with Commission over neglected state of property - $70,000 damage – planned and premeditated

Suffering mental disorders

Jackson

(52)

[2011] NSWCCA 124

s.195(1)(b)

 

s.195(1)(a) [no fire – max penalty 5y]

PG

6y

NPP 3y 6m

 

FT 12m

 

Total:

6y 6m

NPP 4y

ADLengthy record – breached conditional liberty

Slashed tyres and damaged car – set fire to house – premeditated offence although checked to ensure victim not at home – irrational hatred towards victim

Long history of drug and alcohol abuse – suffering from bipolar affective disorder

Simms

(26)

[2014] NSWCCA 286

s.195(1)(b)

PG

(25%)

6y

NPP 3y 7m

AA

5y

NPP 3y 3m

Lengthy.

On parole.

Set fire to unit which offender shared with de facto partner – upset over break-up – some element of planning – significant damage to unit – some damage to adjoining unit – potential risk to lives of others – above mid-range

Aboriginal background - strong subjective features – dysfunctional upbringing - institutionalised.

Sentence erroneously reflected worst or close to worst category of offence

Cormack

(20)

[2015] NSWCCA 153

s.195(1A)(b)

PG

(25%)

2y 7m

NPP 1y 10m

AA

1 y 9m

NPP 1y 3m

Demand property with menaces – assault - armed with intent - breached bond.

Female - arranged for JB to set fire to her property and car for insurance claim – joint criminal enterprise - present but played no part in setting fires - ready, willing and able to assist - limited role

Youth – not favourable rehabilitation prospects

Last updated: 16/10/2017

 

Back to Sentencing Tables Index