Speak to a Consultant Free Call | Mon - Fri | 9am - 5pm
1800 001 212

Criminal Property Law

5. Damaging Property

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 29 Aug 2015
    5. Damaging Property
  • 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.

View more Information on Criminal Law

Connect with a Lawyer