Damage to Property (NT)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.

The Criminal Code Act 1983 contains several offences involving causing damage to property. These are indictable offences, which can attract lengthy terms of imprisonment. This page deals with criminal damage offences in the NT.

Property damage offences in the Northern Territory are taken seriously by the courts and can result in significant legal consequences. Understanding the various types of damage to property charges, their elements, and potential penalties is crucial for anyone facing such allegations. The Criminal Code Act 1983 (NT) provides a comprehensive framework for prosecuting property damage offences, ranging from minor damage to serious crimes like arson and sabotage.

Indictable offences and summary offences

In the NT, indictable offences are dealt with by the Supreme Court or by the Local Court (or Children's Court where the accused is under 18).

Some indictable offences, such as arson, can only be heard in the Supreme Court. Others, such as damage to property, can be heard by a magistrate if both parties consent to this.

Where parties do not consent to a matter being heard summarily, it is committed to the Supreme Court for plea or trial. Longer maximum penalties apply in the Supreme Court than in the Local Court, where the maximum penalty that can be imposed for a single offence is two years imprisonment.

Summary jurisdiction considerations

When determining whether a property damage matter should be heard summarily in the Local Court, magistrates consider factors including the value of the damage caused, the circumstances of the offence, and the defendant's criminal history. The prosecution and defence must both consent to summary hearing, otherwise the matter proceeds to the Supreme Court where higher penalties may apply.

Damage to property

The general offence relating to criminal damage is set out in section 241 Criminal Code.

A person is guilty of this offence if they:

• Intentionally cause damage to property belonging to another person; and
• Are reckless as to causing damage to property belonging to another person.

This offence carries a maximum penalty of 10 years imprisonment.

Elements of the offence

For a successful prosecution under section 241, the Crown must prove beyond reasonable doubt that the accused intentionally damaged another person's property or was reckless about causing such damage. The property must belong to another person - you cannot be convicted of criminal damage to your own property, though there are exceptions where jointly owned property is involved.

What constitutes "damage"

Damage is interpreted broadly under Northern Territory criminal law and includes temporary or permanent impairment of the value or usefulness of property. This can include graffiti, broken windows, scratched paintwork, or any alteration that reduces the property's condition or value. Even minor damage can constitute an offence if done intentionally or recklessly.

Threatening damage to property

A person is guilty of an offence if they make a threat to another person to cause damage to property and are reckless as to causing the other person fear:

• that the threat will be carried out; and
• that the carrying out of the threat will cause death or serious harm

This offence carries a maximum penalty of seven years imprisonment.

If a person makes a threat to another person to cause damage to property and intends the other person to fear that the threat will be carried out, they are guilty of an offence punishable by a maximum of two years imprisonment.

Verbal and written threats

Threats to damage property can be made verbally, in writing, or through electronic communication including text messages, emails, or social media. The prosecution must establish that the threat was communicated to the victim and that the accused either intended to cause fear or was reckless about whether fear would be caused.

Sabotage

Under section 242 of the Criminal Code Act 1983, a person is guilty of sabotage if they cause damage to a public facility in committing a property damage offence with the intent to cause:

• major disruption to government functions;
• major disruption to the use of public services; or
• major economic loss.

This offence carries a maximum penalty of imprisonment for life. This offence must be dealt with in the Supreme Court.

The Criminal Code Act 1983 also makes it an offence to attempt or threaten to commit sabotage.

Public facilities and infrastructure

Sabotage charges typically involve damage to critical infrastructure such as power stations, water treatment facilities, telecommunications equipment, or transport networks. The prosecution must prove specific intent to cause major disruption or economic loss, making this a more serious charge than general property damage.

Arson

Under section 243 of the Criminal Code 1983, a person is guilty of arson if they cause damage to a building or conveyance by the use of fire or explosives.

The offence of arson is punishable by a maximum penalty of life imprisonment. Attempted arson is punishable by up to 14 years imprisonment.

Buildings and conveyances

The definition of "building" includes houses, commercial premises, sheds, and other structures. "Conveyance" covers vehicles, boats, aircraft, and other means of transport. Arson charges can apply even if the fire causes minimal damage, provided it was intentionally lit and damaged the structure or conveyance.

Damaging property as a trespasser

Under section 224 of the Criminal Code 1983, a person is guilty of an offence if:

• they intentionally enter a building;
• the person is a trespasser and is reckless as to that circumstance; and
• they intentionally damage or otherwise interfere with the building or property within it.

This offence carries a maximum penalty of seven years imprisonment.

Trespass and damage combined

This offence combines elements of both trespass and property damage, creating a more serious charge when damage occurs during unlawful entry. The prosecution must prove both the unlawful entry and the intentional damage or interference with property within the building.

Penalties and sentencing considerations

Factors affecting sentence

When sentencing for property damage offences, Northern Territory courts consider various factors including the value of damage caused, premeditation, the defendant's criminal history, and any aggravating or mitigating circumstances. Restitution to victims is often ordered alongside any custodial or community-based sentence.

Alternative sentencing options

Courts may impose various penalties including imprisonment, suspended sentences, community service orders, fines, or good behaviour bonds. First-time offenders or those involved in minor property damage may receive more lenient sentences, particularly where full restitution is made.

Property damage investigations

Evidence collection

Police investigations into property damage typically involve photographing the scene, collecting physical evidence, interviewing witnesses, and obtaining statements from victims about the extent and value of damage. CCTV footage and forensic evidence may also be crucial in establishing the identity of offenders.

Victim impact and compensation

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