Sentencing Snapshot 201: Sentencing Trends for Arson in the Higher Courts of Victoria 2011–12 to 2015–16

Date of Publication

Sentencing Snapshot no. 201 describes sentencing outcomes for the offence of arson in the County and Supreme Courts of Victoria from 2011–12 to 2015–16.

More recent Snapshots are available for this offence.

You can also find statistics for this offence on SACStat.

Authored and published by the Sentencing Advisory Council
© State of Victoria, Sentencing Advisory Council, 2017


Snapshot 201: Arson

Introduction

This Sentencing Snapshot describes sentencing outcomes[1] for the offence of arson in the County and Supreme Courts of Victoria from 2011–12 to 2015–16.[2] Adjustments made by the Court of Appeal to sentence or conviction as at December 2016 have been incorporated into the data in this Snapshot.

Detailed data on arson and other offences is available on SACStat.

A person who intentionally and without lawful excuse destroys or damages any property belonging to another by setting it on fire is guilty of arson. A person is deemed to have destroyed or damaged the property intentionally if it was the person’s purpose to do so or if the person was aware that his or her conduct was more likely than not to result in the damage or destruction of the property.

Arson is an indictable offence that carries a maximum penalty of 15 years’ imprisonment[3] and/or a fine of 1,800 penalty units.[4] Indictable offences are more serious offences triable before a judge and jury in the County or Supreme Court. Arson can also be tried summarily by the Magistrates’ Court if the property involved meets certain criteria, the Magistrates’ Court considers it appropriate and the defendant consents.

Arson was the principal offence[5] in 1.3% of cases sentenced in the higher courts from 2011–12 to 2015–16.

People Sentenced

From 2011–12 to 2015–16, 116 people were sentenced in the higher courts for a principal offence of arson.

Figure 1 shows the number of people sentenced for the principal offence of arson by financial year. There were 28 people sentenced for this offence in 2015–16, the highest number in the past 5 years, up by 9 people from the previous year.

Figure 1: The number of people sentenced for arson by financial year, 2011–12 to 2015–16

Financial yearTotal
2011–1227
2012–1320
2013–1422
2014–1519
2015–1628
Total116

Sentence Types and Trends

Figure 2 shows the total number of people sentenced for arson and the number that received an immediate custodial sentence. An immediate custodial sentence is one that involves at least some element of immediate imprisonment or detention.[6] Over the five-year period, 65% of people were given an immediate custodial sentence.

Figure 2: The number of people sentenced for arson and the number that received an immediate custodial sentence, 2011–12 to 2015–16

Financial yearCustodialNon-custodialTotal
2011–12151227
2012–1314620
2013–1413922
2014–1511819
2015–1622628
Total7541116

Table 1 shows the number of people sentenced for arson from 2011–12 to 2015–16 by the types of sentences imposed. The availability of different sentence types has changed over time. Most notably, wholly and partially suspended sentences have now been abolished.[7]

Over the five-year period, the majority of the people sentenced for arson received a period of imprisonment (74 people or 64%). Of these, 55 people received imprisonment and 19 people received either aggregate imprisonment or imprisonment combined with a community correction order. Additionally, 25 people (22%)sentenced for arson received a community correction order.

The number and percentage of people who received a period of imprisonment for arson peaked in 2015–16 at 79% or 22 of 28 people. The number and percentage of people receiving a period of imprisonment for arson were lowest in 2014–15 at 58% or 11 of 19 people.

Table 1: The number and percentage of people sentenced for arson by sentence type, 2011–12 to 2015–16 (in descending order of total for 2015–16)

Sentence type2011–122012–132013–142014–152015–16Total
Imprisonment14 (52%)13 (65%)11 (50%)8 (42%)9 (32%)55 (47%)
Imprisonment and community correction order (combined)0 (–)1 (5%)1 (5%)2 (11%)9 (32%)13 (11%)
Community correction order4 (15%)4 (20%)7 (32%)5 (26%)5 (18%)25 (22%)
Aggregate imprisonment0 (–)0 (–)1 (5%)1 (5%)2 (7%)4 (3%)
Aggregate imprisonment and community correction order (combined)0 (–)0 (–)0 (–)0 (–)2 (7%)2 (2%)
Non-custodial supervision order0 (–)0 (–)1 (5%)1 (5%)1 (4%)3 (3%)
Wholly suspended sentence5 (19%)2 (10%)1 (5%)0 (–)0 (–)8 (7%)
Convicted and discharged2 (7%)0 (–)0 (–)0 (–)0 (–)2 (2%)
Partially suspended sentence1 (4%)0 (–)0 (–)0 (–)0 (–)1 (<1%)
Community-based order1 (4%)0 (–)0 (–)0 (–)0 (–)1 (<1%)
Adjourned undertaking with conviction0 (–)0 (–)0 (–)1 (5%)0 (–)1 (<1%)
Unconditional release0 (–)0 (–)0 (–)1 (5%)0 (–)1 (<1%)
People sentenced2720221928116

Age and Gender of People Sentenced

Data on the age and gender of people sentenced for arson is available on SACStat.

Principal and Total Effective Sentences

Two methods for describing sentence types and lengths are examined in this section. One relates to the principal sentence and examines sentences for the offence at a charge level. The other relates to the total effective sentence and examines sentences for the offence at a case level.

The principal sentence is the sentence imposed for the charge that is the principal offence.[8]

The total effective sentence in a case with a single charge is the principal sentence. The total effective sentence in a case with multiple charges is the sentence that results from the court ordering the individual sentences for each charge to be served concurrently (at the same time) or wholly or partially cumulatively (one after the other).

In many cases, the total effective sentence imposed on a person is longer than the principal sentence. Principal sentences for arson must be considered in this broader context. The following sections analyse the use of imprisonment for the offence of arson from 2011–12 to 2015–16.

Principal Sentence of Imprisonment

A total of 74 people received a principal sentence of imprisonment for arson from 2011–12 to 2015–16.[9]

Figure 3 shows these people by the length of their imprisonment term.[10] Imprisonment terms ranged from 3 months to 4 years and 2 months, while the median length of imprisonment was 2 years and 6 months (meaning that half of the imprisonment terms were shorter than 2 years and 6 months and half were longer).

The most common length of imprisonment imposed was 3 to less than 4 years (19 people).

Figure 3: The number of people sentenced to imprisonment for arson by length of imprisonment term, 2011–12 to 2015–16

Imprisonment lengthNumber of people
Less than 1 year13
1 to less than 2 years11
2 to less than 3 years15
3 to less than 4 years19
4 to less than 5 years10
People sentenced68

As shown in Figure 4, the average (mean) length of imprisonment imposed on people sentenced for arson ranged from 1 year and 9 months in 2015–16 to 2 years and 7 months in 2011–12 and 2013–14.

Figure 4: The average (mean) length of imprisonment imposed on people sentenced for arson, 2011–12 to 2015–16

Financial yearNumber of peopleAverage length of imprisonment term
2011–12142 years, 7 months
2012–13142 years, 6 months
2013–14122 years, 7 months
2014–15102 years, 2 months
2015–16181 year, 9 months

Other Offences Finalised at the Same Hearing

Often people prosecuted for arson face multiple charges, which are finalised at the same hearing. This section looks at the range of offences for which offenders have been sentenced at the same time as being sentenced for the principal offence of arson.

Figure 5 shows the number of people sentenced for the principal offence of arson by the total number of offences for which sentences were imposed. The number of sentenced offences per person ranged from 1 to 39, while the median was 2.5 offences. There were 32 people (27.6%) sentenced for the single offence of arson. The average number of offences per person sentenced for arson was 4.15.

Figure 5: The number of people sentenced for the principal offence of arson by the number of sentenced offences per person, 2011–12 to 2015–16

Number of offencesNumber of people
132
226
317
46
5–927
10–196
20+2
Total116

Table 2 shows the 10 most common offences for people sentenced for arson, by number and percentage. The last column sets out the average number of offences sentenced per person. For example, 23 of the total 116 people (19.8%) also received sentences for theft. On average, they were sentenced for 1.96 counts of theft.

Table 2: The number and percentage of people sentenced for the principal offence of arson by the most common offences that were sentenced and the average number of those offences that were sentenced, 2011–12 to 2015–16

 OffenceNumber of casesPercentage of casesAverage number of proven offences per case
1.Arson116100.01.46
2.Theft2319.81.96
3.Burglary2219.01.50
4.Intentionally destroy/damage property (criminal damages)2118.11.71
5.Contravene family violence intervention order (interim/final)86.92.00
6.Fail to answer bail86.91.13
7.Making a threat to kill54.31.40
8.Drive while disqualified or suspended54.31.00
9.Attempt to pervert the course of justice54.31.00
10.Handling stolen goods43.41.75
 People sentenced116100.04.15

Total Effective Sentence of Imprisonment

Figure 6 shows the number of people sentenced to imprisonment for arson from 2011–12 to 2015–16 by length of total effective imprisonment term.[11] The total effective imprisonment terms ranged from 3 months to 8 years and 2 months, while the median total effective imprisonment term was 3 years (meaning that half of the total effective imprisonment terms were below 3 years and half were above).

The most common total effective imprisonment term was 3 to less than 4 years (23 people).

Figure 6: The number of people sentenced to imprisonment for arson by length of total effective imprisonment term, 2011–12 to 2015–16

Total effective imprisonment lengthNumber of people
Less than 1 year11
1 to less than 2 years11
2 to less than 3 years7
3 to less than 4 years23
4 to less than 5 years15
5 to less than 6 years2
6 to less than 7 years0
7 to less than 8 years2
8 to less than 9 years2
People sentenced73

Non-Parole Period

If a person is sentenced to a term of immediate imprisonment of less than 1 year, the court cannot impose a non-parole period. For terms between 1 year and less than 2 years, the court has the discretion to fix a non-parole period. For terms of imprisonment of 2 years or more, the court must impose a non-parole period in most circumstances. Where a non-parole period is fixed, the person must serve that period before becoming eligible for parole. Where no non-parole period is set by the court, the person must serve the entirety of the imprisonment term in custody.

Of the 73 people who were sentenced to imprisonment for arson, 62 were eligible to have a non-parole period fixed.[12] Of these people, 56 were given a non-parole period (90%).[13] Figure 7 shows the number of people sentenced to imprisonment for arson from 2011–12 to 2015–16 by length of non-parole period. Non-parole periods ranged from 4 months to 6 years, while the median length of the non-parole period was 2 years (meaning that half of the non-parole periods were below 2 years and half were above).

The most common non-parole period imposed was 2 to less than 3 years (24 people).

Figure 7: The number of people sentenced to imprisonment for arson by length of non-parole period, 2011–12 to 2015–16

Non-parole periodNumber of people
Less than 1 year4
1 to less than 2 years16
2 to less than 3 years24
3 to less than 4 years8
4 to less than 5 years0
5 to less than 6 years3
6 to less than 7 years1
No non-parole period17
Total people73

Total Effective Sentences of Imprisonment and Non-Parole Periods

Figure 8 presents the average length of total effective sentences of imprisonment compared with the average length of non-parole periods from 2011–12 to 2015–16.

From 2011–12 to 2015–16, the average length of total effective sentences for all people ranged from 2 years and 5 months in 2015–16 to 3 years and 8 months in 2013–14. Over the same period, the average length of non-parole periods ranged from 1 year and 9 months in 2011–12 to 2 years and 5 months in 2015–16.[14]

Further data on total effective sentences of imprisonment and corresponding non-parole periods for arson is available on SACStat.

Figure 8: The average total effective sentence and the average non-parole period imposed on people sentenced to imprisonment for arson, 2011–12 to 2015–16

Financial yearAverage total effective lengthAverage non-parole period
2011–123 years, 1 month1 year, 9 months
2012–133 years, 0 months2 years, 1 month
2013–143 years, 8 months2 years, 4 months
2014–152 years, 10 months2 years, 2 months
2015–162 years, 5 months2 years, 5 months

Non-Imprisonment Sentences

Data on the length of non-imprisonment sentence types, such as community correction orders, suspended sentences and fines, for arson are available on SACStat.

Summary

From 2011–12 to 2015–16, 116 people were sentenced for arson in the higher courts. Of these people, 74 (64%) were given a principal sentence of imprisonment.

The number and range of offences for which people with a principal offence of arson were sentenced help explain why imprisonment sentence lengths were longer for the total effective sentence than for the principal sentence. The median total effective imprisonment length was 3 years while the median principal imprisonment length was 2 years and 6 months.

Total effective imprisonment lengths ranged from 3 months to 8 years and 2 months, and non-parole periods (where imposed) ranged from 4 months to 6 years.

Endnotes

1. This series of reports includes custodial and non-custodial supervision orders imposed under Part 5 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) as sentencing orders and in the count of people sentenced. These orders are not sentencing orders as they are imposed in cases where the defendant is found to be unfit to stand trial or not guilty because of mental impairment. However, they are included in this report as they are an important form of disposition of criminal charges.

This Sentencing Snapshot is an update of Sentencing Snapshot no. 175, which describes sentencing trends for arson from 2009–10 to 2013–14.

2. Data on first instance sentence outcomes presented in this Snapshot was obtained from the Strategic Analysis and Review Team at Court Services Victoria. Data on appeal outcomes was collected by the Sentencing Advisory Council from the Australasian Legal Information Institute, and also was provided by the Victorian Court of Appeal. The Sentencing Advisory Council regularly undertakes extensive quality control measures for current and historical data. While every effort is made to ensure that the data analysed in this report is accurate, the data is subject to revision.

3Crimes Act 1958 (Vic) s 197(6).

4. The value of a penalty unit changes each year and can be found in the Victorian Government Gazette and on the Victorian Legislation and Parliamentary Documents website.

5. If a person is sentenced for a case with a single charge, the offence for that charge is the principal offence. If a person is sentenced for more than one charge in a single case, the principal offence is the offence for the charge that attracted the most serious sentence according to the sentencing hierarchy.

6. Immediate custodial sentences include imprisonment, imprisonment and community correction order (combined), aggregate imprisonment, aggregate imprisonment and community correction order (combined) and partially suspended sentences.

7. Suspended sentences have been abolished in the higher courts for all offences committed on or after 1 September 2013 and in the Magistrates’ Court for all offences committed on or after 1 September 2014.

8. Refer to Endnote 5.

9. This total includes the people in Table 1 who received a sentence of imprisonment, imprisonment combined with a community correction order, aggregate imprisonment and aggregate imprisonment combined with a community correction order.

10. Data presented in this section does not include imprisonment lengths for people who received an aggregate sentence of imprisonment. Sentence lengths for aggregate sentences of imprisonment apply to the whole case, while Figure 3 only deals with sentences of imprisonment for the principal proven offence of arson. From 2011–12 to 2015–16, 6 people received an aggregate form of imprisonment.

11. Of the 74 people who received imprisonment as their principal sentence for arson, 73 also received a total effective sentence of imprisonment. One person was sentenced for a mix of state and Commonwealth offences. This person received a sentence of imprisonment combined with a community correction order for their principal charge of arson but a Commonwealth partially suspended sentence with a recognizance release order as the total effective sentence.

12. A total of 11 people were not eligible to have a non-parole period fixed because they were given a total effective sentence length of less than 1 year.

13. A non-parole period was not set for 6 people who were eligible for a non-parole period.

14. Both the average total effective sentence and the non-parole period was 2 years and 5 months in 2015–16. This was due to a combination of fewer cases of imprisonment being granted a non-parole period, and some cases receiving longer non-parole periods compared with previous years, which resulted in an increase in the average non-parole period.

 
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