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Criminal Damage

Home Criminal Law Offences Criminal Damage
Published in Nov 10, 2022 • Updated on May 22, 2023 • 4 min read • 506 views

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.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.

Author

Fernanda Dahlstrom

Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.

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Wilful damage in Queensland

In Queensland, the offence of wilful damage is contained in section 469 of the Criminal Code 1899. It involves the wilful and unlawful destruction of property and attracts a penalty of up to five years imprisonment.

In special cases, the legislation provides for longer penalties. Where premises are damaged by explosion and life is endangered, the maximum penalty that applies is life imprisonment. When the property destroyed is a person’s will, the maximum penalty that applies is 14 years imprisonment.

Damaging property in Victoria

In Victoria, the offence of damaging or destroying property is contained in section 197 of the Crimes Act 1958. It carries a maximum penalty of 10 years imprisonment. Where property is damaged or destroyed with the intention of endangering life, the maximum penalty is 15 years imprisonment.

The Summary Offences Act 1966 also contains offences relating to property damage. Section 9 of that act makes it an offence to wilfully damage property valued at less than $5000. Section 7 of that act makes it an offence to cause property damage in particular ways such as by throwing a missile. These offences are punishable by a fine or up to six months imprisonment.

Criminal damage in New South Wales

In New South Wales, it is an offence under section 195 of the Crimes Act 1900 to intentionally or recklessly destroy property belonging to another. This can attract a penalty of up to five years imprisonment, or 10 years if the damage is caused by fire or explosives. If the offence is committed in company with another person, the penalties increase to six years and 11 years, respectively. If the offence is caused during a public disorder, maximum penalties of seven years and 12 years imprisonment apply.

The Crimes Act also contains other offences involving criminal damage, which carry more severe penalties. These include damaging property with intent to injure a person and dishonestly destroying or damaging property.

Property damage in the ACT

In the ACT, property damage is an offence under section 403 of the Criminal Code 2002. This offence carries a maximum penalty of a fine of up to 1000 penalty units, 10 years imprisonment, or both.

The ACT also has specific offences of threatening to cause property damage and possessing a thing with intent to damage property.

Property damage in Tasmania

In Tasmania, property damage is an offence under section 37 of the Police Offences Act 1935. A person who commits property damage in Tasmania, including killing or wounding an animal that is the property of a person, is liable to a fine of 10 penalty units or imprisonment for up to 12 months.

Property damage in South Australia

In South Australia, offences relating to arson and property damage are contained in section 85 of the Criminal Law Consolidation Act 1935. While general offences of property damage carry a penalty of up to 10 years imprisonment, offences involving damage to a building or motor vehicle carry higher penalties.

Criminal damage in Western Australia

In Western Australia, criminal damage is an offence under section 444 of the Criminal Code Act Compilation Act. A person who wilfully and unlawfully destroys or damages property is liable to imprisonment for up to 10 years, or 14 years if the offence is committed under circumstances of aggravation, or to life imprisonment if the damage is caused by fire.

Criminal damage can be dealt with in the Magistrates Court if the amount of damage done does not exceed $50,000. In the Magistrates Court, the maximum penalties that apply are three years imprisonment or a fine of $36,000.

Criminal damage in the Northern Territory

In the NT, criminal damage is an offence under section 241 of the Criminal Code Act 1983. The offence is committed when a person intentionally or recklessly causes damage to property belonging to someone else. It is punishable by up to 14 years imprisonment.  Threatening to cause property damage is punishable by up to seven years imprisonment.

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