Property Damage (NSW)
In New South Wales, there are a number of offences relating to destroying or damaging property contained in the Crimes Act 1900. The Summary Offences Act 1988 also contains offences relating to two specific types of property damage. These offences range from very minor matters that will attract a small fine to extremely serious offences that can attract lengthy terms of imprisonment. This page deals with property damage offences in New South Wales.
Destroying or damaging property
Under section 195 of the Crimes Act 1900, a person commits an offence if they intentionally or recklessly destroy or damage property belonging to another.
Under section 196 of the Crimes Act 1900, a person commits an offence if they destroy or damage property with intent to injure a person.
Under section 198 of the Crimes Act 1900, a person commits an offence if they destroy or damage property with intent to endanger life.
Under section 199 of the Crimes Act 1900, a person commits an offence if they threaten to destroy or damage property belonging to another person in a way that will endanger life or cause bodily injury with intent to cause fear that the threat will be carried out.
The maximum penalties for these offences are set out in the table below.
| Offence | Fault element | Method | Maximum penalty | Provision | Type of offence |
|---|---|---|---|---|---|
| Destroying or damaging property of another | Intentionally or recklessly | - | 5 years imprisonment | section 195, Crimes Act 1900 | Table 1 Offence |
| Destroying or damaging property of another | Intentionally or recklessly | By fire or explosives | 10 years imprisonment | section 195, Crimes Act 1900 | Table 1 Offence |
| Destroying or damaging property of another in company with another person | Intentionally or recklessly | - | 6 years imprisonment | section 195, Crimes Act 1900 | Table 1 Offence |
| Destroying or damaging property of another in company with another person | Intentionally or recklessly | By fire or explosives | 11 years imprisonment | section 195, Crimes Act 1900 | Table 1 Offence |
| Destroying or damaging property of another in company with another person | Intentionally or recklessly | During a public disorder | 7 years imprisonment | section 195, Crimes Act 1900 | Table 1 Offence |
| Destroying or damaging property of another in company with another person | Intentionally or recklessly | During a public disorder by means of fire or explosives | 12 years imprisonment | section 195, Crimes Act 1900 | Table 1 Offence |
| Destroying or damaging property with intent to injure a person | Intending to cause bodily injury | - | 7 years imprisonment | section 196, Crimes Act 1900 | Table 1 Offence |
| Destroying or damaging property | Intending to cause bodily injury | By fire or explosives | 14 years imprisonment | section 196, Crimes Act 1900 | Table 1 Offence |
| Destroying or damaging property | Intending to cause bodily injury | During a public disorder | 9 years imprisonment | section 196, Crimes Act 1900 | Table 1 Offence |
| Destroying or damaging property | Intending to cause bodily injury | During a public disorder by means of fire or explosives | 16 years imprisonment | section 196, Crimes Act 1900 | Table 1 Offence |
| Destroying or damaging property | Intending to cause bodily injury | During a public disorder | 9 years imprisonment | section 196, Crimes Act 1900 | Table 1 Offence |
| Destroying or damaging property | Intending to cause bodily injury | During a public disorder by means of fire or explosives | 16 years imprisonment | section 196, Crimes Act 1900 | Table 1 Offence |
| Destroying or damaging property | Intent to endanger life | - | 25 years imprisonment | section 198, Crimes Act 1900 | Strictly indictable offence |
| Threatening to destroy or damage property | Intent to cause fear that the threat will be carried out | - | 5 years imprisonment | section 198, Crimes Act 1900 | Table 1 Offence |
| Threatening to destroy or damage property | Intent to cause fear that the threat will be carried out | During a public disorder | 7 years imprisonment | section 199, Crimes Act 1900 | Table 1 Offence |
Causing property damage dishonestly
Under section 197 of the Crimes Act 1900, it is an offence to damage property dishonestly and with a view to making a gain. The maximum penalty that attracts to this offence is seven years imprisonment, but this increases as follows in particular circumstances:
Where the damage is caused by fire or explosives, imprisonment for 14 years;
Where the damage is caused during a public disorder, imprisonment for nine years;
Where the damage is caused during a public disorder by means of fire or explosives, imprisonment for 16 years.
Possessing explosives
Under section 200 of the Crimes Act 1900, it is an offence to possess explosives or any other article with intent that it be used to damage or destroy property. This offence attracts a maximum penalty of seven years imprisonment (in the case of explosives) or three years in any other case. The maximum penalties increase to nine years (in the case of explosives) and five years (in any other case) if the offence occurs during a public disorder.
Summary offences
The Summary Offences Act 1988 contains the following offences involving property damage:
- Damaging fountains under section 7 (punishable by a fine of four penalty units)
- Damaging or desecrating protected places under section 8 (punishable by a fine of 40 penalty units)
Jurisdiction
In New South Wales, summary offences can only be dealt with by a magistrate in the Local Court or Children’s Court.
Table 1 Offences must be dealt with in the Local Court unless the prosecutor or the defence elects to have the matter dealt with on indictment.
Strictly indictable offences may only be dealt with on indictment.
An offence under section 198 of the Crimes Act 1900 is a strictly indictable offence that must be committed to a higher court for finalisation. Other offences involving property damage under the Crimes Act 1900 may be dealt with by a magistrate where parties agree to this, or committed to a higher court where parties elect this.
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