Sentencing Snapshot no. 276 describes sentencing outcomes for the offence of arson in the County and Supreme Courts of Victoria from 2017-18 to 2021-22.
More recent Snapshots are available for this offence.
You can access case summaries for arson from the Judicial College of Victoria’s Sentencing Manual Case Summaries.
You can also access statistics for arson on SACStat.
Authored and published by the Sentencing Advisory Council
© State of Victoria, Sentencing Advisory Council, 2023
Snapshot 276: Arson
Introduction
This Sentencing Snapshot describes sentencing outcomes[1] for the offence of arson in the County and Supreme Courts of Victoria (the higher courts) from 2017-18 to 2021-22.[2] Adjustments made by the Court of Appeal to sentence or conviction as at December 2022 have been incorporated into the data in this Snapshot.
Detailed data on arson and other offences is available on Sentencing Advisory Council Statistics (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 their conduct was more likely than not to result in the damage or destruction of the property.[3] Arson is an indictable offence that carries a maximum penalty of 15 years' imprisonment and/or a fine of 2,400 penalty units.[4] It can be tried summarily in the Magistrates' Court if certain criteria are met.[5]
This Snapshot focuses on cases where arson was the principal offence, that is, cases where arson was the offence that received the most severe sentence.[6]
Arson was the principal offence in 1.7% of cases sentenced in the higher courts between 2017-18 and 2021-22.
Effect of COVID-19 on sentencing data
The data in this Snapshot is likely to have been affected by the COVID-19 pandemic. For instance:
- the number of people sentenced since March 2020 may be lower than in previous years because the pandemic caused delays in court proceedings;
- court backlogs may have led to prioritisation of more serious cases and therefore higher imprisonment rates than in previous years;
- prison sentences may be shorter than in previous years to reflect the combined effect of:
- guilty pleas having an 'augmented mitigatory effect' (Worboyes v The Queen [2021] VSCA 169) because they help to relieve the strain on the justice system; and
- the experience of prison being more burdensome due to increased stress on prisoners and their families and changes in custodial conditions.
People sentenced
From 2017-18 to 2021-22, 145 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 30 people sentenced for this offence in 2021-22, up from 25 in the previous year. The number of people sentenced was highest in 2018-19 (31 people) and lowest in 2020-21 (25 people).
Figure 1: The number of people sentenced for arson by financial year
| Financial year | Number |
|---|---|
| 2017-18 | 30 |
| 2018-19 | 31 |
| 2019-20 | 29 |
| 2020-21 | 25 |
| 2021-22 | 30 |
| Total | 145 |
Sentence types and trends
Figure 2 shows the proportion of people who received an immediate custodial sentence or non-custodial sentence for the principal offence of arson.
Figure 2: The percentage of people who received an immediate custodial sentence and non-custodial sentence for arson, by financial year
| Financial Year | Immediate custodial Sentence | Non-custodial sentence |
|---|---|---|
| 2017-18 | 86.7% | 13.3% |
| 2018-19 | 77.4% | 22.6% |
| 2019-20 | 82.8% | 17.2% |
| 2020-21 | 80.0% | 20.0% |
| 2021-22 | 96.7% | 3.3% |
An immediate custodial sentence involves at least some element of immediate imprisonment or detention.[7] The rate of immediate custodial sentences was lowest in 2018-19 (77.4%) and highest in 2021-22 (96.7%). Over the five-year period, 84.7% of people were given an immediate custodial sentence.
Table 1 shows the principal sentence types for arson from 2017-18 to 2021-22. The principal sentence is the most serious sentence type imposed for the principal offence.[8] Over the five-year period, most people sentenced for arson received a principal sentence of imprisonment (82.8%, or 120 of 145 people). The rate of imprisonment sentences was highest in 2021-22 (96.7%). Other principal sentences (5.5%, or 8 people) included 6 non-custodial supervision orders, 1 custodial supervision order and 1 adjourned undertaking without conviction.
Table 1: The number and percentage of people sentenced for arson by principal sentence type and financial year
| Sentence type | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 | Total |
|---|---|---|---|---|---|---|
| Imprisonment | 26 (86.7%) | 22 (71.0%) | 23 (79.3%) | 20 (80.0%) | 29 (96.7%) | 120 (82.8%) |
| Youth justice centre order | 0 (0.0%) | 2 (6.5%) | 0 (0.0%) | 0 (0.0%) | 0 (0.0%) | 2 (1.4%) |
| Community correction order | 3 (10.0%) | 4 (12.9%) | 3 (10.3%) | 4 (16.0%) | 1 (3.3%) | 15 (10.3%) |
| Other | 1 (3.3%) | 3 (9.7%) | 3 (10.3%) | 1 (4.0%) | 0 (0.0%) | 8 (5.5%) |
| Total people sentenced | 30 | 31 | 29 | 25 | 30 | 145 |
Principal and total effective sentences of imprisonment
The following sections analyse the use of imprisonment for the offence of arson from 2017-18 to 2021-22.
The principal sentence applies to a single offence at a charge level.
The total effective sentence is the sentence imposed for all charges in a case and applies at a case level. Where a case involves multiple charges, the total effective sentence will be either the same as or longer than the principal sentence.
Principal sentence of imprisonment
There were 120 people who received a principal sentence of imprisonment for arson. Table 2 shows that 102 (85.0%) of those were non-aggregate imprisonment terms, that is, the imprisonment term was not part of an aggregate sentence, while 18 (15.0%) were aggregate imprisonment terms.[9] There were 48 people who received a community correction order in addition to their imprisonment term (40.0% of prison sentences).
Table 2: The number and percentage of people sentenced to imprisonment for arson by sentence type and financial year
| Type of imprisonment sentence | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 | Total |
|---|---|---|---|---|---|---|
| Imprisonment | 16 (61.5%) | 15 (68.2%) | 13 (56.5%) | 10 (50.0%) | 15 (51.7%) | 69 (57.5%) |
| Imprisonment and community correction order (combined) | 7 (26.9%) | 6 (27.3%) | 8 (34.8%) | 5 (25.0%) | 7 (24.1%) | 33 (27.5%) |
| Total non-aggregate imprisonment | 23 (88.5%) | 21 (95.5%) | 21 (91.3%) | 15 (75.0%) | 22 (75.9%) | 102 (85.0%) |
| Aggregate imprisonment | 1 (3.8%) | 0 (0.0%) | 1 (4.3%) | 0 (0.0%) | 1 (3.5%) | 3 (2.5%) |
| Aggregate imprisonment and community correction order (combined) | 2 (7.7%) | 1 (4.5%) | 1 (4.3%) | 5 (25.0%) | 6 (5.3%) | 15 (12.5%) |
| Total aggregate imprisonment | 3 (11.5%) | 1 (4.5%) | 2 (8.7%) | 5 (25.0%) | 7 (20.7%) | 18 (15.0%) |
| Total people sentenced to imprisonment | 26 | 22 | 23 | 20 | 29 | 120 |
Figure 3 shows the lengths of imprisonment for the 102 people who received a non-aggregate imprisonment term for arson. Imprisonment terms ranged from 11 days[10] to 8 years,[11] while the median length of imprisonment was 2 years and 6 months (meaning that half of the imprisonment terms were below 2 years and 6 months and half were above).
Figure 3: The number of principal sentences of imprisonment for arson, by range of imprisonment lengths, 2017-18 to 2021-22
| Imprisonment length | Number |
|---|---|
| Less than 1 year | 20 |
| 1 to less than 2 years | 24 |
| 2 to less than 3 years | 20 |
| 3 to less than 4 years | 23 |
| 4 to less than 5 years | 8 |
| 5 to less than 6 years | 5 |
| 6 to less than 7 years | 1 |
| 7 to less than 8 years | 0 |
| 8 to less than 9 years | 1 |
| Total | 102 |
The most common range of imprisonment terms was 1 to less than 2 years (24 people).
Figure 4 shows that the average lengths of imprisonment imposed for arson ranged from 1 year and 8 months in 2020-21 to 3 years and 1 month in 2018-19. Over the five years, the average length of imprisonment for arson was 2 years and 4 months.
Figure 4: The average length of imprisonment imposed on people sentenced for arson, by financial year
| Financial year | Number | Average |
|---|---|---|
| 2017-18 | 23 | 2 years and 5 months |
| 2018-19 | 21 | 3 years and 1 month |
| 2019-20 | 21 | 1 years and 10 months |
| 2020-21 | 15 | 1 years and 8 months |
| 2021-22 | 22 | 2 years and 6 months |
Total effective sentences of imprisonment
Figure 5 shows the lengths of total effective sentences of imprisonment in cases where arson was the principal offence. Total effective sentences ranged from 11 days to 11 years, while the median total effective sentence was 2 years and 1 month (meaning that half of the total effective sentences were below 2 years and 1 month and half were above).
The most common range of total effective sentences was less than 1 year (30 people).
Figure 5: The number of people sentenced to imprisonment for arson by length of total effective sentence, 2017-18 to 2021-22
| Total effective imprisonment length | Number |
|---|---|
| Less than 1 year | 30 |
| 1 to less than 2 years | 27 |
| 2 to less than 3 years | 16 |
| 3 to less than 4 years | 22 |
| 4 to less than 5 years | 11 |
| 5 to less than 6 years | 6 |
| 6 to less than 7 years | 3 |
| 7 to less than 8 years | 3 |
| 8 to less than 9 years | 1 |
| 9 to less than 10 years | 0 |
| 10 to less than 11 years | 0 |
| 11 to less than 12 years | 1 |
| Total | 120 |
Non-parole periods
If a person is sentenced to an immediate imprisonment term of less than 1 year, the court cannot impose a non-parole period. For imprisonment terms between 1 year and less than 2 years, the court has the discretion to fix a non-parole period. For imprisonment terms of 2 years or more, the court must impose a non-parole period in most circumstances. If the court fixes a non-parole period, the person must serve that period before becoming eligible for parole. If the court does not set a non-parole period, the person must serve the entirety of their imprisonment term in custody.
Of the 120 people who were sentenced to imprisonment for arson, 90 (75.0%) were eligible to have a non-parole period fixed.[12] Of those 90 people, 65 were given a non-parole period (72.2%).[13]
Figure 6 shows the non-parole periods in cases where the principal offence was arson. Non-parole periods ranged from 4 months to 7 years, while the median non-parole period was 2 years and 2 months (meaning that half of the non-parole periods were below 2 years and 2 months and half were above).
The most common range of non-parole periods was 2 to less than 3 years (22 people).
Figure 6: The number of people sentenced to imprisonment for arson by length of non-parole period, 2017-18 to 2021-22
| Non-parole period | Number |
|---|---|
| Less than 1 year | 6 |
| 1 to less than 2 years | 17 |
| 2 to less than 3 years | 22 |
| 3 to less than 4 years | 11 |
| 4 to less than 5 years | 5 |
| 5 to less than 6 years | 3 |
| 6 to less than 7 years | 0 |
| 7 to less than 8 years | 1 |
| No non-parole period | 55 |
| Total | 120 |
Average total effective sentences of imprisonment and non-parole periods
Figure 7 shows the average total effective sentences and non-parole periods for the 65 people who were sentenced to imprisonment for arson. From 2017-18 to 2021-22, the average total effective sentence ranged from 2 years and 5 months in 2020-21 to 5 years and 3 months in 2018-19. Over the same period, the average non-parole period ranged from 1 year and 7 months in 2020-21 to 3 years and 4 months in 2018-19.
Figure 7: The average total effective sentences and non-parole periods for people sentenced to imprisonment with a non-parole period for arson, by financial year
| Financial year | Number | Average total effective sentence length | Average non-parole period |
|---|---|---|---|
| 2017-18 | 17 | 3 years and 7 months | 2 years and 2 months |
| 2018-19 | 14 | 5 years and 3 months | 3 years and 4 months |
| 2019-20 | 9 | 3 years and 3 months | 2 years and 1 month |
| 2020-21 | 9 | 2 years and 5 months | 1 years and 7 months |
| 2021-22 | 16 | 3 years and 11 months | 2 years and 5 months |
Other offences finalised at the same hearing
Sometimes people prosecuted for arson face multiple charges, which are finalised at the same hearing. This section looks at the range of offences that offenders were sentenced for alongside the principal offence of arson.
Figure 8 shows the number of people sentenced for the principal offence of arson by the total number of sentenced offences per person. The number of sentenced offences per person ranged from 1 to 25, and the median was 2 offences. There were 41 people (28.3%) sentenced for the single offence of arson. The average number of offences per person was 3.4.
Figure 8: The number of people sentenced for the principal offence of arson by the number of sentenced offences per person, 2017-18 to 2021-22
| Number of offences | Number of people |
|---|---|
| 1 | 41 |
| 2 | 38 |
| 3 | 21 |
| 4 | 14 |
| 5-9 | 22 |
| 10-19 | 7 |
| 20-25 | 2 |
| Total | 145 |
Table 3 shows the 10 most common offences, by number and percentage, for people sentenced for arson. The last column sets out the average number of offences sentenced per person. For example, 29 of the total 145 people (19.5%) were also sentenced for theft. On average, those 29 people were sentenced for 1.7 charges of theft per case.
Table 3: The number and percentage of people sentenced for the principal offence of arson by the most common offences that were sentenced alongside arson, 2017-18 to 2021-22
| Offence | Number of cases | Percentage of cases | Average number of proven offences per case |
|---|---|---|---|
| 1. Arson | 145 | 100.0% | 1.2 |
| 2. Theft | 29 | 19.5% | 1.7 |
| 3. Burglary | 23 | 15.4% | 1.6 |
| 4. Commit an indictable offence whilst on bail | 20 | 13.4% | 1.1 |
| 5. Criminal damage | 16 | 10.7% | 1.2 |
| 6. Recklessly cause injury | 7 | 4.7% | 2.4 |
| 7. Contravene a family violence intervention order | 7 | 4.7% | 1.3 |
| 8. Possess a drug of dependence | 7 | 4.7% | 1.3 |
| 9. Contravene a family violence intervention order - intending harm or fear | 7 | 4.7% | 1.0 |
| 10. Drive while disqualified or suspended | 6 | 4.0% | 2.0 |
| People sentenced | 145 | 100.0% | 3.4 |
Summary
From 2017-18 to 2021-22, 145 people were sentenced for arson in the higher courts. Of these, 120 (82.8%) received a principal sentence of imprisonment. The median principal sentence of imprisonment was 2 years and 6 months, and the median total effective sentence of imprisonment was 2 years and 1 month.[14] Total effective sentences of imprisonment ranged from 11 days to 11 years, and non-parole periods ranged from 4 months to 7 years.
On average, people sentenced for arson were sentenced for 3.4 offences each, with a maximum of 25 offences.
Further data for this offence is available on SACStat.
Endnotes
1. This Sentencing Snapshot is an update of Sentencing Snapshot no. 251, which describes sentencing trends for arson between 2015-16 and 2019-20.
2. Data on first-instance sentencing 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 was also 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 Snapshot is accurate, the data is subject to revision.
3. This Snapshot excludes the offence of arson causing death, which is defined in section 197A of the Crimes Act 1958 (Vic). Arson causing death is a category 2 offence under the Sentencing Act 1991 (Vic) s 3(1)(e) (definition of category 2 offence) and carries a maximum penalty of 25 years' imprisonment.
4. Crimes Act 1958 (Vic) ss 197(6)-(7). The value of a penalty unit changes each year and can be found on the Council's website. Penalty units are set annually and published in the Victorian Government Gazette.
5. Criminal Procedure Act 2009 (Vic) s 28, sch 2 cl 4.22.
6. 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.
7. For the principal offence of arson, custodial sentences included imprisonment. youth justice centre orders and custodial supervision orders. This series of Snapshots 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 in which the accused is found to be unfit to stand trial or not guilty because of mental impairment. However, they are included in this Snapshot as they are an important form of disposition of criminal charges.
8. For example, if the principal offence receives a sentence of imprisonment combined with a community correction order, imprisonment is the principal sentence.
9. A court may impose an aggregate sentence of imprisonment upon multiple charges sentenced at the same time. These sentences are a single imprisonment term in which the parts of the term attributable to the individual charges are not specified. A case may include a combination of aggregate and non-aggregate sentences.
10. DPP v Gebbie [2018] VCC 808 (a combined order of 11 days' imprisonment with a 3-year community correction order).
11. DPP v Islam [2019] VCC 217 (arson with intent to endanger life).
12. A total of 30 people were not eligible to have a non-parole period fixed because they were given a total effective sentence of less than 1 year.
13. A non-parole period was not set for 25 people who were eligible for a non-parole period.
14. The median principal sentence for arson is longer than the median total effective sentence because the 18 aggregate imprisonment terms are not included in the count of principal sentences, and the cases in which those aggregate sentences of imprisonment were imposed received relatively short total effective sentences.
