Crime Topics Menu
Doogue & O'Brien Testimonials
"I don't think I could have coped if I lost my trial. The preparation you put in was amazing."
Gary F
"I was proud that we stood up and fought the charges. I would have lost everything if I had been found guilty."
Peter L
"Your compassion during my time of need was outstanding. Many thanks."
Cameron A
"Lots of people kept telling me I should plead guilty except for your firm. You were right."
Lee W
"Everyone was judging me except for you. That support really helped me get through a terrible time."
John A
Wilfully giving false alarm of fire
Wilfully giving false alarm of fire
What the Law states - Wilfully giving false alarm of fire
Summary Offences Act 1966 - SECT 12
Wilfully giving false alarm of fire12. Wilfully giving false alarm of fire
(1) Any person who wilfully gives or causes to be given to any brigade within the meaning of the Metropolitan Fire Brigades Act 1958 or the Country Fire Authority Act 1958 a false alarm of fire shall be guilty of an offence.
Penalty: For a first offence-10 penalty units or imprisonment for two months;
For a second or subsequent offence-imprisonment for three months.
(2) In addition to any penalty or punishment imposed under this section, the court may order any person convicted of an offence under this section to pay to the Metropolitan Fire Brigades Board or the Country Fire Authority (as the case may be), as compensation for the expenses and charges incurred by any brigade under the control of the Board or the Authority (as the case may be) by reason of the false alarm having been given, such amount as is provided for by the regulations made under the Metropolitan Fire Brigades Act 1958 or the Country Fire Authority Act 1958 or such lesser amount as the court thinks fit.
Maximum Penalty in Victoria
2 months / 10 penalty units
What the Prosecution must prove - Wilfully giving false alarm of fire - Vic
(a) The accused gave or caused to be given a false alarm of fire (i.e. false alarm to a brigade within the meaning of the Metropolitan Fire Brigades Act 1958 or the Country Fire Authority Act 1958).
(b) The accused did so wilfully.
Possible Defences - Wilfully giving false alarm of fire
(a) Duress.
(b) Factual dispute.
(c) Honest and reasonable mistake of belief.
(d) Identification dispute.
(e) Lack of intent.
(f) Mental impairment.
Which court will hear the charge of Wilfully giving false alarm of fire
Magistrates' Court.
