Victorian Consolidated Legislation

Crimes Act 1958 - SECT 197

Destroying or damaging property

197. Destroying or damaging property







(1) A person who intentionally and without lawful excuse destroys or damages
any property belonging to another or to himself and another shall be guilty of
an indictable offence and liable to level 5 imprisonment (10 years maximum).



(2) A person who intentionally and without lawful excuse destroys or damages
any property, intending by the destruction or damage to endanger the life of
another, shall be guilty of an indictable offence and liable to level 4
imprisonment (15 years maximum).

(3) A person who dishonestly, with a view to gain for himself or another,
destroys or damages any property shall be guilty of an indictable offence and
liable to level 5 imprisonment (10 years maximum).



(4) For the purposes of subsections (1) and (2) a person who destroys or
damages property shall be taken as doing so intentionally if, but only if-

   (a)  his purpose or one of his purposes is to destroy or damage property;
        or

   (b)  he knows or believes that his conduct is more likely than not to
        result in destruction of or damage to property.

(5) For the purposes of subsection (2), a person who destroys or damages
property shall be treated as intending thereby to endanger the life of another
if, but only if-

   (a)  his purpose or one of his purposes is to endanger the life of another
        by the destruction or damage; or

   (b)  he knows or believes that the life of another is more likely than not
        to be endangered by the destruction or damage.

(6) An offence against this section committed by destroying or damaging
property by fire shall be charged as arson.

(7) A person guilty of arson is liable to level 4 imprisonment (15 years
maximum) despite anything to the contrary in this section.