The deliberate damage or destruction of property is a criminal offence in all states and territories of Australia. This offence is variously known as criminal damage, wilful damage, property damage or malicious damage. Offences range from minor summary offences that attract bonds and small fines to serious offences that may be dealt with by lengthy terms of imprisonment. This page summarises the offences relating to criminal damage in different Australian jurisdictions.
Wilful damage in Queensland
The offence of malicious damage is governed by section 469 of the Criminal Code. The offence is still often referred to as malicious damage, as it was once known.
Wilful damage carries a maximum penalty of five years imprisonment, except in special cases where other maximum penalties are prescribed. Special cases that attract longer maximum penalties include where premises are damaged by explosion and where the property destroyed or damage is a testamentary instrument (a will).
Damaging property in Victoria
The offence of damaging property belonging to another in Victoria is governed by section 197 of the Crimes Act 1958. This offence attracts maximum penalty of 10 years imprisonment, or 15 years if the damage is done with intent to endanger the life of another person.
Section 9 of the Summary Offences Act also contains a property damage offence - the offence of wilful destruction or damage of property under the value of $5,000. This offence attracts a fine of up to 25 penalty units or up to six months imprisonment.
Property damage in South Australia
in South Australia, the offence is contained in section 85 of the Criminal Law Consolidation Act 1935. This offence attracts a maximum penalty of life imprisonment where the property damaged is a building or motor vehicle or 10 years imprisonment in any other case.
Destroying or damaging property in New South Wales
In New South Wales, the offence falls under section 195 of the Crimes Act 1900. The maximum penalty that applies for this offence depends on the circumstances of the offence and how the damage is inflicted and ranges between five years imprisonment and 12 years imprisonment.
In New South Wales, a person can also be charged with damaging property with intent to injure or endanger life.
Damaging property in the ACT
In the ACT, damaging property intentionally or recklessly is an offence under section 403 of the Criminal Code 2002. This offence can attract a fine of up to $1000 or imprisonment for up to 10 years, or both.
The ACT also has offences relating to making threats to cause property damage.
Criminal damage in the Northern Territory
In the Northern Territory, it is an offence under section 241 of the Criminal Code 1983 to intentionally or recklessly cause damage to property belonging to another person. This offence is punishable by imprisonment for up to 10 years.
A person who threatens to damage property is also guilty of an offence.
Destroying or injuring property in Tasmania
In Tasmania, it is an offence under section 37 of the Police Offences Act 1935 to destroy or injury property. This is a summary offence with a maximum penalty of a fine of 10 penalty units or imprisonment for 12 months.
The Criminal Code Act 1924 also contains offences relating to damaging computer data and damaging a war memorial.
Criminal damage in WA
In Western Australia, the offence of criminal damage is contained in section 444 of the Criminal Code Act Compilation Act 1913. This offence may be dealt with as a summary offence if the amount of damage does not exceed $50 000.
The maximum penalty for a summary offence is imprisonment for three years and a fine of $36 000.
When the offence is dealt with as an indictable offence, the maximum penalty that applies is:
- Life imprisonment where the damage was caused by fire;
- 14 years imprisonment, where the offence was committed under circumstances of racial aggravation;
- 10 years in any other case.
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