Victorian bushfires 2009

There probably isn't a crime against society that stirs as much universal condemnation of the offender as the crime of deliberately starting a bushfire ... and there's probably no greater crime against the community as the deliberate starting of a bushfire that causes lives to be lost.

I think that I'm a compassionate man. I don't believe in capital punishment. I don't always think the justice system gets it right; sometimes the punishment that's handed down is inadequate (in terms of meeting the community's expectations) and sometimes the punishment is extremely severe. I'm not sure whether I agree with mandatory sentencing because it goes against my feelings that our system of justice ought to be a compassionate one. However, there's one crime in this country that stands apart from all others because it affects the whole community, because it's so outrageously anti-social and that the community needs to be protected from those who dare commit it.

The way the law currently stands, those who are convicted of starting a bushfire can be sentenced to 14 years if "property is damaged with the intention of injuring a person" , and "a maximum penalty of 25 years imprisonment can be applied to a person who maliciously damages property with the intention of endangering life". I think it's fair to argue that the courts are only likely to impose such lengthy prison sentences if the offenders are adults.

Let's be clear about this. These terms are not designed to act as a deterrent to others who might think the idea of destroying lives and property, or tying up the community's resources in trying to extinguish what they started, is amusing. There's nothing amusing about losing everything you've spent your life trying to build up or watching everyone around you in the same catastrophic mess. The fact is, as I've always said, that the threat of punishment doesn't seem to work as a deterrent ... otherwise why do we still have people starting bushfires year after year? No, the point is that we need to be protected from these evil doers.

I know that there are "degrees" of evil: some bushfires start through no fault of anyone's; some fires start because someone was careless or reckless (like throwing a burning cigarette butt from a car window). Sometimes a supposedly "controlled' fire gets out of control. These things are unfortunate ... although I think that those who flick a cigarette butt from a car window ought to be given a tough penalty that will make them think twice about doing it again. However, while I'm sure there would be little disagreement that an adult offender, convicted of the crime of maliciously starting a bushfire that resulted in loss of life, should be given a 25-year sentence, what if the offender was under the age of 18 years?

I was talking to Memsahib last night, as we watched the TV news reports about the bushfires in Victoria that the authorities are claiming were deliberately started, and I said that I had no sympathy for those who committed these awful crimes ... even if they were children. I think that, even children, they should all received the same punishment ... not to send a message to others that we won't tolerate this kind of behaviour but simply because I don't think they'll learn the lesson otherwise.

What do you reckon?

Interesting question sozzle I think that with the technology available today the offenders can be identified by DNA in the case of cigarettes or so I’m led to believe.
The arsonists I suppose I would refer to the person that deliberately starts fires for some perverse reasons or enjoyment (which I fail to comprehend). Causes both property damage and in some cases death of a person. This person should incur the full wrath of the law including losing their own assets in an attempt to appease the victims.

If the arsonist was not an adult then the law needs to address this problem, I feel that the punishments could be at a few levels:-

Firstly if the teen started the fire deliberately and this can be proven without doubt then the child should be detained in detention for minors with possible transfers to adult jails when adulthood is reached.

Second, If the minor did not deliberately start the fire or it accidentally occurred then perhaps restitution could be made in the minor being interred as a unpaid worker and assist victims to rebuild their homes and lives for as long as it takes to achieve this end.

Third if the minor started the fire to show off or fun (again I’m at a loss as how this could be conceived), then the punishment should be a combination of both points 1 & 2 according to severity of the loss.

Each of these scenarios would only be applicable for loss of property etc not loss of life.

If loss of life occurs then the sentences should apply to juveniles in the same manner as adults and the laws should be enacted to cover juveniles in this area.

I don’t necessarily like or agree with the sentences meted out by the judicial system, but until the system can be upgraded to cover crimes against communities in this form we have to trust in the system and hope the more learned solicitors, barristers, magistrates and law makers can change the laws and apply these laws in future.

How's the bushfire situation going for everybody ? Based on the news I'm reading, it's a pretty bad scene in some places. Things are OK here (Mid North Coast, NSW).

Bushfires -- these bushfires are a shocker George == the closest I have been to bushfires was 2002/2003 and my God I really felt for these people : (

Memsahib and I have been following the news about the current, and unrelenting, bushfire disaster that's hitting many parts of Australia but which seems to be hardest felt in northern and eastern Victoria. There's not a great deal that many of us can do but watch helplessly.

However I felt that I should try to do my small part in all of this, and that is why I have placed, on The Quoroom's home page, a link to the Australian Red Cross. If The Quoroom can assist these people then, leaving aside anything else we might do, I think this is an appropriate community response. Those of us who have been affected by natural disasters in the past are well aware of the horrors that people are currently facing. I think that we, who are reasonably well-placed to contribute, must do what we can with our time, money or whatever else we can spare to help those in their time of greatest need.

We have many areas in Australia, at the moment, where people are having it tough: those who are battling the floods in Queensland, the extremes of heat in South Australia, fires in NSW and the ever-present drought conditions across the whole country. I'm not suggesting that any of these is more important than any other but, if I have to choose one that screams out for immediate support then let it be this one.

A lot of different organisations have established ways for people to help those who have been affected by the current Victorian bushfire disaster. I am asking you to go to the Australian Red Cross website, to make a cash donation, by clicking the image below:

Jeez. I've just come back home from doing some chores, and checked into the ABC (Australia) news site to discover that, so far, 25 people have lost their lives in these bushfires.

This is a definite tragedy, but it's times and situations like these that tend to bring us closer together as a community and as a country.

Thats an excellent thought Mems and Sozz
x

I know all disasters are bad - but when you hear that arsonists are relighting them makes you fume : (

Just been on the phone checking on a few people as I know quite a few whose parents retired up at Marysville and yes they lost their homes : ( - but thankGod they are safe

and a few others near the fire areas but they are all ok : )

Yes, the fires are a shocker. The toll is up to 35 now. Poor people, those who lost their loved ones, those injured and those who lost everything. Having experienced bush fires first hand on several occasions, I really feel for them.
Mem

We remember our trip through the Yarra Valley region last year (we drove through Marysville on our way home from Healesville) and it's sad to hear that whole townships have been wiped out by fire. This is why want to do whatever we can to help, even if it's only to put people in contact with those organisations that will soon be overburdened by requests for help in the coming few weeks. We'd like to ease that burden a little by donating to the cause.

It makes us proud to read of the generous offers of help pouring in from all over: see blogs.abc.net.au/victoria/2009/02/offer-help---or.html

The death toll is now up to 65.