Arson Charges: What You’re Facing

Arson is a serious offence in Victoria, carrying a maximum of 15 years imprisonment under section 197 of the Crimes Act 1958 (Vic) for destroying or damaging property by fire. If the fire causes someone’s death it becomes arson causing death, with a maximum of 25 years, and intentionally or recklessly causing a bushfire carries up to 15 years. These cases often turn on how the fire started and whether the prosecution can prove you acted intentionally or recklessly, which is exactly where a defence is built.

Can You Live at Home Under an Intervention Order?

It depends on the conditions of the intervention order. If the order does not include an exclusion condition, you may be able to keep living at home, as long as you do not commit family violence. If it does include an exclusion condition, you must leave the residence, even if you own it or are on the lease.

Can You Switch Lawyers Mid-Case in Victoria?

Yes. You can switch lawyers mid-case in Victoria. It is your case, and you have the right to change your lawyer if you are not satisfied. The practical points to manage are getting your file, paying your first lawyer for work already done, and the timing, especially if you are close to a hearing or on legal aid.

Can You Vary Your Bail Conditions?

Yes, you can vary your bail conditions in Victoria. Under the Bail Act 1977 (Vic), a court can change your bail conditions where it is reasonable to do so, usually because your circumstances have changed or a condition is no longer necessary or workable. You, the police informant, or the prosecution can apply, and the court decides after the prosecution has been given notice and a chance to respond. Common reasons include a condition clashing with work, a change of address, or reporting that has become impractical.

Can You Travel Overseas With a Criminal Record?

Usually, yes. A criminal record generally does not stop you leaving Australia or getting an Australian passport. The real barrier is entry to your destination, because each country decides who it lets in under its own laws. Some records affect entry to countries like the United States, Canada, and New Zealand, so the destination is what matters most.