UNDERSTANDING THE OFFENCE OF INTENTIONALLY CAUSING A BUSHFIRE IN NSW

on August 11, 2025

Intentionally causing a bushfire is a grave criminal offence in New South Wales (NSW), particularly given the state’s vulnerability to devastating wildfires that can endanger lives, property, and the environment. With penalties that can include lengthy imprisonment and a criminal record with long-term consequences, facing such a charge requires a deep understanding of the legal framework, potential outcomes, and effective defence strategies. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to defend clients against bushfire-related offences and other serious charges. As leading Sydney criminal defence lawyers and traffic law specialists, we are committed to protecting your rights and achieving the best possible outcome in NSW courts.

In this comprehensive guide, we explore everything you need to know about the offence of intentionally causing a bushfire in NSW, including its legal definition, penalties, defences, and how a lawyer can help mitigate or dismiss charges. Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship

For legal advice, contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

What Is the Offence of Intentionally Causing a Bushfire in NSW?

The offence of intentionally causing a bushfire is outlined in section 203E of the Crimes Act 1900 (NSW), which criminalises the deliberate or reckless starting of a fire that spreads to vegetation on public land, with the intent to cause harm or during a total fire ban. This law was introduced to deter actions that could lead to catastrophic wildfires, such as those experienced during the 2019-2020 Black Summer bushfires, which devastated communities and ecosystems across NSW. The offence is prosecuted to protect public safety, property, and the environment from preventable fires.

To secure a conviction for intentionally causing a bushfire, the prosecution must prove beyond a reasonable doubt:

  1. Intentional or Reckless Act: The defendant deliberately or recklessly caused a fire (e.g., lighting a match or discarding a cigarette).
  2. Spread to Vegetation: The fire spread to bushes, trees, or other vegetation on public land (e.g., national parks, forests, or roadside areas).
  3. Intent to Cause Harm: The act was done with the purpose of causing injury, property damage, or economic loss, or during a total fire ban declared by the Rural Fire Service (RFS).
  4. Unlawful: The act was not authorised (e.g., no fire permit) and had no lawful excuse, such as controlled burning for land management.
  5. Knowledge or Recklessness: The defendant knew or was reckless about the fire spreading or causing harm.

Examples of Intentionally Causing a Bushfire

  • Deliberate Ignition: Lighting a fire in a national park to cause destruction during a fire ban.
  • Reckless Behaviour: Throwing a lit cigarette from a car window, knowing it could ignite dry vegetation.
  • Malicious Acts: Starting a fire near property to cause economic loss, such as burning farmland.
  • Group Incidents: Participating in a campfire that spreads due to reckless neglect during a ban.
  • Arson-Related: Planning a fire to claim insurance, charged alongside arson (section 195, Crimes Act 1900).

These incidents can lead to widespread damage, as seen in the 2019-2020 bushfires, emphasising the need for strong legal defences.

Related Offences

Intentionally causing a bushfire is often charged alongside or instead of related offences:

  • Arson (section 195, Crimes Act 1900): Intentionally or recklessly causing a fire to damage property, with up to 7 years imprisonment.
  • Destroying or Damaging Property (section 195): Non-fire-related property damage, with up to 5 years imprisonment.
  • Bushfire Offences During Total Fire Ban (section 100(1), Rural Fires Act 1997): Lighting a fire without a permit, with fines up to $2,200 or 12 months imprisonment.
  • Reckless Endangerment (section 13A, Crimes Act 1900): Recklessly causing GBH, with up to 10 years imprisonment if linked to bushfire injuries.
  • Environmental Offences (section 118, Protection of the Environment Operations Act 1997): Causing pollution or harm through fire, with fines up to $1 million for individuals.

Penalties for Intentionally Causing a Bushfire in NSW

The penalties for intentionally causing a bushfire are severe, reflecting the potential for catastrophic harm. Under section 203E of the Crimes Act 1900, the penalties are:

  • Basic Offence:
    • Imprisonment: Up to 14 years.
    • Fine: Up to $5,500 (50 penalty units) in the Local Court.
  • Aggravated Offence (During Total Fire Ban):
    • Imprisonment: Up to 21 years.
    • Standard Non-Parole Period: 9 years, as per section 54A, Crimes (Sentencing Procedure) Act 1999, serving as a sentencing guide in the District Court.
  • Local Court: For minor cases, up to 2 years imprisonment and/or a $5,500 fine.
  • District Court: For indictable cases, the full 14 or 21-year penalty applies, often with a non-parole period for custodial sentences.
  • Non-Conviction Outcomes: In exceptional cases (e.g., first-time offenders with minimal damage), courts may impose a section 10(1)(a) dismissal or Conditional Release Order (CRO) under the Crimes (Sentencing Procedure) Act 1999, avoiding a conviction.

Additional Consequences

A conviction can lead to:

  • Criminal Record: Remains on your National Police Certificate for 10 years (or 3 years for juveniles) unless spent under the Criminal Records Act 1991.
  • Employment: A criminal record can bar roles in emergency services, environmental management, or positions requiring background checks.
  • Travel: Countries like the USA and Canada may deny entry for arson-related convictions.
  • Reputation: A conviction can damage personal and professional relationships, especially if the fire caused widespread harm.
  • Civil Liability: Victims or property owners may seek compensation for damages through civil proceedings.
  • Restitution Orders: Courts may require payment for firefighting costs or environmental restoration under section 100B, Rural Fires Act 1997.

Sentencing Considerations

Under section 21A of the Crimes (Sentencing Procedure) Act 1999, courts consider:

  • Aggravating Factors: Committing the offence during a fire ban, causing extensive damage, or endangering lives.
  • Mitigating Factors: First-time offender, genuine remorse, cooperation with authorities, or accidental spread.
  • Example: A first-time offender who recklessly started a small fire may receive a CCO, while deliberate ignition during a ban could lead to imprisonment.

How a Sydney Criminal Lawyer Fights a Bushfire Offence Charge

A Sydney criminal defence lawyer employs a range of strategies to defend against an intentionally causing a bushfire charge, from challenging the prosecution’s evidence to negotiating outcomes. Below are the key approaches used by Nicopoulos Sabbagh Lawyers:

1. Analysing the Prosecution’s Evidence

The prosecution must prove intent and causation. A lawyer will scrutinise:

  • Forensic Evidence: Fire investigation reports, ignition sources, or burn patterns to determine if the fire was intentional.
  • Witness Statements: Cross-examine witnesses to expose (potentially any) inconsistencies or bias.
  • CCTV or Satellite Footage: Review footage to confirm the fire’s cause and your involvement.
  • Police Reports: Identify procedural errors, such as failure to provide a caution (section 122, Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA)).

Example: If forensic evidence shows the fire started accidentally (e.g., from a cigarette), a lawyer can argue lack of intent, seeking a dismissal.

2. Challenging Intent or Recklessness

A lawyer can argue:

  • No intent to cause harm (e.g., the fire was for camping but spread accidentally).
  • The defendant was not reckless (e.g., took reasonable precautions to contain the fire).
  • No causation: The fire spread due to weather or other factors, not the defendant’s actions.

Example: If you lit a fire with a permit but it spread due to unforeseen wind, a lawyer can argue it was not reckless.

3. Raising Legal Defences

Several defences can be raised if applicable:

  • Lawful Excuse: You had a permit for controlled burning under the Rural Fires Act 1997.
  • Accident: The fire was unintentional and not foreseeable.
  • Duress: You were coerced into starting the fire under threat of harm.
  • Mental Health or Cognitive Impairment: If a mental health condition contributed, a lawyer may seek a diversion under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
  • Unlawful Police Conduct: Evidence obtained through an illegal search (section 21, LEPRA) can be excluded under section 138, Evidence Act 1995.

4. Negotiating Plea Deals

A lawyer can negotiate with NSW Police Prosecutors or the Office of the Director of Public Prosecutions (ODPP) to:

  • Reduce Charges: Downgrade to arson (section 195) or destroying property (section 195), with lesser penalties.
  • Amend Facts: negotiate the charge with the prosecution and amend the police fact sheet to remove aggravating factors, like alleged intent during a fire ban.
  • Dismiss Related Charges: Secure withdrawal of additional charges, such as public mischief.

A guilty plea negotiated early can secure a sentencing discount of up to 25% under section 22 of the Crimes (Sentencing Procedure) Act 1999.

Example: For a minor bushfire without harm, a lawyer might negotiate a plea to a regulatory violation under the Rural Fires Act 1997, securing a fine.

5. Securing favourable sentencing Outcomes:

A lawyer seek the court to deal with the matter in any of the following ways:

  • Section 10(1)(a) Dismissal: No conviction, fine, or penalty.
  • Section 10(1)(b) Conditional Release Order (CRO): No conviction, with conditions like good behaviour for up to 2 years.
  • Community Correction Order (CCO): Community service or supervision instead of imprisonment.
  • Mental Health Diversion: Treatment under section 14 for offenders with mental health issues.

Example: For a first-time offender with minimal damage, a lawyer might secure a CRO with fire safety training conditions.

6. Presenting Mitigating Factors

A lawyer can present mitigating factors to reduce penalties:

  • Character References: Letters from employers, family, or community members highlighting your good character.
  • Remorse: Evidence of apologies, cooperation with authorities, or restitution for damages.
  • Rehabilitation: Completion of fire safety courses or counselling to demonstrate reform.
  • Hardship: Proof that a conviction would impact employment or family responsibilities.

Example: For an offender who assisted in extinguishing the fire, a lawyer might present evidence of cooperation to secure a reduced sentence.

7. Appealing a Conviction

If convicted, a lawyer can appeal to the District Court or Court of Criminal Appeal within 28 days under the Crimes (Appeal and Review) Act 2001 if:

  • The sentence is unduly harsh (e.g., excessive imprisonment).
  • New evidence supports your innocence (e.g., weather reports showing uncontrollable spread).
  • Procedural errors occurred during the trial.

A lawyer can also assist with a spent conviction under the Criminal Records Act 1991 after a crime-free period (10 years for adults, 3 years for juveniles).

The Court Process for an Intentionally Causing a Bushfire Charge

The court process typically involves:

  1. Investigation:
    1. Police and RFS investigators collect evidence, such as ignition sources, witness statements, or satellite imagery.
  2. Arrest or Court Attendance Notice (CAN):
    1. Police may arrest you under section 99 of LEPRA or issue a CAN for a Local Court appearance.
  3. Bail Application:
    1. A lawyer applies for bail under the Bail Act 2013, arguing you pose no risk.
  4. Court Mention:
    1. You enter a plea (guilty or not guilty) in the Local Court. If not guilty, a hearing is scheduled.
  5. Hearing or Sentencing:
    1. If pleading not guilty, a hearing examines evidence to determine guilt.
    1. If pleading guilty or found guilty, a sentencing hearing determines penalties.
  6. Possible Outcomes:
    1. Non-conviction orders (section 10 dismissal or CRO).
    1. Conviction with fines, imprisonment, or restitution orders.
    1. Mental health diversion under section 14.
  7. Appeals:
    1. Appeal to the District Court or Court of Criminal Appeal if the outcome is unfair.

Steps to Take When Facing an Intentionally Causing a Bushfire Charge

To protect your rights and improve your case outcome, follow these steps:

  1. Engage a Sydney Criminal Lawyer Immediately:
    1. Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free consultation to assess your case and develop a defence strategy.
  2. Exercise Your Right to Silence:
    1. Avoid making statements to police without legal advice (section 89, Evidence Act 1995).
  3. Gather Evidence:
    1. Collect weather reports, witness statements, or permits to support your defence.
    1. Provide character references or proof of rehabilitation.
  4. Prepare for Court:
    1. Work with your lawyer to present a robust defence or negotiate a plea deal.
  5. Show Remorse:
    1. Consider apologetic gestures or completing fire safety programs to demonstrate reform.
  6. Appeal if Necessary:
    1. If convicted, appeal to the District Court or apply for a spent conviction.

Why Choose Nicopoulos Sabbagh Lawyers?

At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we are dedicated to delivering exceptional representation for bushfire offences, criminal, and traffic law matters in Sydney, NSW. Our team offers:

  • Specialised Expertise: In-depth knowledge of the Crimes Act 1900, Rural Fires Act 1997, and Crimes (Sentencing Procedure) Act 1999.
  • Proven Results: Securing section 10 dismissals, CROs, and charge reductions across Sydney courts, including Parramatta, Liverpool, and Campbelltown.
  • Court Navigation: Expertise in managing cases amidst disruptions, such as the Downing Centre Local Court closure until late 2025.
  • Ethical Representation: Adhering to the Legal Profession Uniform Law (NSW) and Solicitors’ Conduct Rules for transparent, reliable advice.
  • Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for a free consultation.

Don’t let an intentionally causing a bushfire charge derail your future. Our Sydney criminal lawyers and traffic law specialists will fight tirelessly to protect your rights and achieve the best possible outcome.

Conclusion

Intentionally causing a bushfire is a serious offence in NSW, carrying penalties of up to 14- or 21-years imprisonment and significant life consequences. A Sydney criminal defence lawyer can defend against this charge by challenging evidence, disputing intent, raising defences like accident or mental health diversions, and securing reduced charges or sentences. At Nicopoulos Sabbagh Lawyers, we leverage our expertise to deliver tailored strategies, ensuring your record, career, and freedom are safeguarded. Whether facing a bushfire charge for reckless behaviour or intentional acts, our team is here to guide you through the legal process.

Take control of your case today. Contact Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au to schedule a free consultation. Let us help you fight your bushfire offence charge and achieve the best possible result in NSW courts.

Why Choose Nicopoulos Sabbagh Lawyers Criminal Lawyers & Traffic Lawyers YOUR Leading Sydney Criminal Defence & Traffic Lawyers to represent you in your Traffic Law Matter?

Nicopoulos Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office appears at ALL Courts in NSW on a regular basis in ALL Traffic Law matters.  No matter is too complex for Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book your first Free Consultation today!

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It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.

Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact your Sydney Lawyers, Nicopoulos Sabbagh Lawyers.

*This article correctly reflects the Laws of NSW as of 3rd August 2025.

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.

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