Australian Institute of Criminology

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Arson

Arson involves intentionally and maliciously destroying or damaging property by using fire. In the case of bushfires, AIC research indicates that Australia has an average of 52,000 bushfires a year with possibly half being either deliberately lit or suspicious. As part of its extensive research on this crime, the AIC has developed a comprehensive bushfire arson prevention handbook to help reduce the number of deliberately lit fires in Australia.

Within the definition of arson there are four core elements:

  • the lighting of fire - fire is the fundamental element of arson; if there is no fire lit, there is no arson (some legal definitions also include lighting explosives);
  • intention or wilfulness - excludes fires started by natural causes or accidents;
  • malice - excludes fires started intentionally with positive or legitimate intent; and
  • property - there must be some kind of property or object that is burned.

The element of intent is critical to a definition of arson. People deliberately light fires for many reasons, including for some legitimate and legal purposes. For example, people may light fires at home in a fireplace, or at a camp site in an approved place when there are no fire bans in force, or prescribed burning conducted in a controlled manner for fuel and land management purposes. In all these cases the fire is deliberately lit but does not constitute arson as there was no intention to cause damage or harm and no breach of the law.

Source: What is arson? Australian Institute of Criminology, November 2004

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