Criminal Property Law
5. Damaging Property
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 29 Aug 2015
- In Victoria a person who damages property in serious circumstances or where the value of the property damaged exceeds $5000 is guilty of the offence of ‘destroying or damaging property’ in section 197 Crimes Act 1958 (Vic).
- This offence may also be called ‘criminal damage.’ It is a serious offence and carries a maximum penalty of 10 years imprisonment.
- Each state and territory has similar laws that address this type of criminal behaviour:
- in New South Wales it is called ‘destroying or damaging property’: section 195 Crimes Act 1900 (NSW);
- in Queensland it is called ‘wilful damage’: section 469 Criminal Code 1899 (Qld);
- in South Australia it is called ‘arson and other property damage’: section 85 Criminal Law Consolidation Act 1935 (SA);
- in the Northern Territory it is called ‘damage to property’: section 241 Criminal Code (NT);
- in Tasmania it is called ‘unlawfully injuring property’: section 273 Criminal Code Act 1924 (Tas);
- in Western Australia it is called ‘criminal damage’: section 444 Criminal Code Act Compilation Act 1913 (WA); and
- in the ACT it is called ‘destroying or damaging property’: section 116 Crimes Act 1900 (ACT).
- To prove the offence of criminal damage in Victoria the prosecution need to prove:
- that the offender destroyed or damaged property;
- that the property belonged to another person;
- that the offender intended to destroy or damage property; and
- the offender did not have a lawful excuse (reason) for their actions.
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