Property Damage Offences - ACT

1. Destroying or damaging property is an offence under section 116(3) of the Crimes Act 1900 (ACT) and section 403 of the Criminal Code 2002 (ACT).
2. If the value of the property exceeds $5000 you will likely be charged under section 403 of the Criminal Code.
3. If the value of the property does not exceed $5000 you will likely be charged under section 116(3) of the Crimes Act.
4. The maximum penalty for an offence of property damage under the Criminal Code is 10 years imprisonment and/or 1000 penalty units (ie. a $160,000.00) fine
5. The maximum penalty for an offence of property damage under the Crimes Act is 2 years imprisonment and/or 50 penalty units (ie. a $8000.00 fine) or for an aggravated offence 3 years imprisonment and/or 60 penalty units (ie. a fine of $9600.00).

An offence is “aggravated” if it is committed in circumstances of family violence.

If you have been charged with destroying or damaging property, the police must prove that:

1. You destroyed or damaged property belonging to another person
2. Your actions were intentional or reckless

Under section 400 of the Criminal Code 2002 “damage” property is defined to include the following:

1. destroy the property;
2. cause the physical loss of the property by interfering with the property (including by removing any restraint over the property or abandoning the property);
3. cause loss of a use or function of the property by interfering with the property;
4. deface the property;
5. for a document – obliterate or make illegible the whole or part of the document;
6. for an animal – harm or kill the animal;
7. for a plant or other thing forming part of land – cut it from the land.

“Property” means any property of a tangible nature or any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes a thing in action.

You are reckless if you foresee the possibility of harm resulting from your actions, but you proceed anyway. In this context, you are reckless if you recognise that your actions might destroy or damage property, yet you commit that act.

This will depend on a number of factors, including whether you accept that you destroyed or damaged property and whether you accept that you did so intentionally or recklessly.

You may accept that you destroyed or damaged property, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the statement of facts.

1. Destroying or damaging property with the intent to endanger the life of another person is an offence under section 116(1) of the Crimes Act 1900 (ACT).
2. The maximum penalty for destroying or damaging property with the intent to endanger life is 20 years of imprisonment or 25 years for an aggravated offence.

If you have been charged with destroying or damaging property with the intention of endangering life, police must prove that:

1. you destroyed or damaged property
2. you intended to endanger the life of another person

To endanger the life of another person is to put that person’s life in risk of harm or peril. To prove this third element, police are required to prove that the purpose of your action was to endanger life through damage or destruction of property. Alternatively, police may prove this element if they can prove that you knew or believed that the destruction or damage of property will more likely than not endanger the life of another person.

This will depend on a number of factors, including whether you accept that you destroyed or damaged property and whether you accept that you did so while intending to endanger life.

You may accept that you destroyed or damaged property with intention of endangering life, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as destroy or damage property with intent to injure a person.

Alternatively, you may accept that you destroyed or damaged property with the intention of endangering life but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the statement of facts.