CRIMES ACT 1900 - SECT 116 Destroying or damaging property

CRIMES ACT 1900 - SECT 116

    (1)     A person who destroys or damages (otherwise than by means of fire or explosive) any property with intent to endanger the life of another person by that destruction or damage commits an offence.

Maximum penalty:

        (a)     for an aggravated offence—imprisonment for 25 years; or

        (b)     in any other case—imprisonment for 20 years.

    (2)     A person who dishonestly, with a view to gain for himself or herself or another person, destroys or damages (otherwise than by means of fire or explosive) any property commits an offence.

Maximum penalty:

        (a)     for an aggravated offence—380 penalty units, imprisonment for 19 years or both; or

        (b)     in any other case—300 penalty units, imprisonment for 15 years or both.

    (3)     A person commits an offence if—

        (a)     the person destroys or causes damage to property, other than by fire or explosive; and

        (b)     the property belongs to—

              (i)     someone else; or

              (ii)     the person and someone else; and

        (c)     the person intends to destroy or cause damage, or is reckless about destroying or causing damage, to the property; and

        (d)     the damage to the property does not exceed $5 000.

Maximum penalty:

        (a)     for an aggravated offence—60 penalty units, imprisonment for 3 years or both; or

        (b)     in any other case—50 penalty units, imprisonment for 2 years or both.

Note     The defence of lawful authority applies in relation to the offence under s (3) (see Criminal Code

, s 43).

    (4)     An offence against this section is an aggravated offence if the offence involves family violence.

    (5)     If the prosecution intends to prove that the offence is an aggravated offence, the factor of aggravation must be stated in the charge.

    (6)     To remove any doubt—

        (a)     it is not necessary for the prosecution to prove that the defendant had a fault element in relation to any factor of aggravation; and

        (b)     the Criminal Code

, chapter 2 (other than the applied provisions) does not apply to an offence against this section, whether or not it is an aggravated offence.

    (7)     In this section:

"factor of aggravation" means the matter mentioned in subsection (4).

Note     The following sections also provide that particular offences involving family violence are aggravated offences:

        (a)     s 48C (Aggravated offences—pt 2 offences involving family violence);

        (b)     s 72AA (Aggravated offences—pt 3 offences involving family violence);

        (c)     s 72EA (Aggravated offences—pt 3A offences involving family violence).