A House on Fire: Hot Topic?

We’ve all heard the phrase ‘to get along like a house on fire’… But have you ever thought of setting fire to your friends houses? We thought not.

But that’s exactly what happened to Jimmy, also known as Andrew James Thompson, when his friend Gary Magee set fire to his home on 21 May 2021 - unfortunately, resulting in Jimmy’s death.

The Court has found that two (2) fires were deliberately set by Mr Magee, after a night of conversation and cannabis. A combined effect of chronic obstructive pulmonary disease (COPD), asthma, and smoke inhalation caused the death of Jimmy, who was found unconscious by emergency services after neighbours rose the alarm of smoke.

Despite no indication of aggression or contention between the men and both men being unconscious upon discovery, the Detective Inspector who headed the matter and the jury were convinced of Mr Magee’s guilt in starting the fires. Subsequently, Mr Magee has been convicted of manslaughter - just one addition, to his rap sheet of 115 previous convictions of various offences.

If this story interests you, you can learn more here.

So if that was manslaughter… What counts as arson?

 

Photo by Freddy Kearney on Unsplash

Good question! Assuming that our readers are based in Queensland (if you’re not, feel free to comment where you’re from below), we can help you understand what exactly arson means for you.

For starters, arson is a serious criminal offence with a maximum penalty of life imprisonment. Courts that impose sentences for arson will, except in particularly exceptional circumstances, consider a sentence of immediate imprisonment as appropriate.

The offence of arson is created by Section 461 of the Criminal Code Act 1999, which determines that any individually who wilfully and unlawfully sets fire to any of the following is guilty of a crime and therefore liable to imprisonment for life:

  1. A building or structure;

  2. A motor vehicle, train, aircraft, or vessel;

  3. A stack of cultivated vegetable produce or mineral/vegetable fuel; or

  4. A mine (or the workings, fittings, or appliances of a mine).

If you have done any of these (I’m looking at you, country music enthusiasts), and it is proven by the prosecution beyond a reasonable doubt that you did so, did so willfully, and did so unlawfully, then you will likely need to attend the nearest District Court to have your matter heard.

Okay… How does the law manage fire, when it’s not arson?

 

That is a wonderful question that I was hoping you would not ask.

In Australia, we are familiar with the risks and dangers of bushfires. It may not be something you have considered before, but pre-empting bushfires and risk control for same does actually extend beyond the safety advertisements you see on the television - the law is involved!

Well… that’s actually a lie. But, according to Phillipa C. McCormack, Professor Jan McDonald, Professor Davis Bowman, Associate Professor Michael Eburn, Sr Stuart Little (yes, we checked - and yes, he is a real Doctor), and Dr Rebecca Harris, it really should be. These experts and researchers suggest that, instead of Australia having an expansive legislative approach to responding to bushfires, it is high time we pre-empt the inquiries and commissions by optimising our web of contradicting and intersecting laws now.

If you are interested in reading more about these suggestions, read this article published by Ms McCormack in 2022: Clashing laws need to be fixed if we want to live in bushfire-prone areas.

Photo by Devin Avery on Unsplash

 

Now, Jeremy did not write the above article (did somebody say ‘Ghost Writer’?), but I simply could not stomach the thought of having a GULS Gazette without a ‘Jeremy’s Bad Advice’ section, so I’ve forced him to write one for us anyway. Enjoy!

Bad advice from jeremy

On the topic of fire, lets move onto hot and then spicy; I’m going to countdown my 3 favourite spicy foods:

3. I

2. Don’t do

1. Spice.


Thank you.

Swiftly moving on, I will instead rate my 3 favourite fire colours:

3. Orange

Pretty solid colour, however not as exciting as the other 2…

2. Red

It might come as a shock that the fan favourite “Hall of Famer” isn’t at number 1. I won’t deny that it does a consistent great job, but it just falls short.

1. Blue

Will be forever on top and just looks so majestic.

GULS