Damage to Property (NT)
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.
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.
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.
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.
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.
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.
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.
Defence
Under section 43 of the Criminal Code 1983, a person has a defence to a property damage offence if the damage was caused by the use of force in self-defence, provided the force used was reasonably necessary and an ordinary person would have acted similarly.
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