Malicious Damage to Property Lawyers

The Offences and Their Penalties

Destroying or damaging property

Intentionally or recklessly destroying or damaging property that belongs to another person, or that you own jointly with someone else, carries a maximum of five years’ imprisonment in the District Court, rising to ten years where fire or explosives were used. In the Local Court, penalties scale with the value of the property: up to a $11,000 fine or two years’ imprisonment for damage exceeding $5,000, or down to a $2,200 fine or two years’ imprisonment for damage under $2,000.

Damage caused during a public disorder

Where the same conduct occurs in the context of a public disorder, the maximum penalties climb further, reaching seven years in the District Court (twelve years if fire or explosives were involved), with Local Court fines mirroring those above.

Destroying or damaging property to injure a person

If the damage was done with intent to cause bodily injury to someone, the maximum jumps to seven years’ imprisonment, or fourteen years where fire or explosives were used. During a public disorder, this rises to nine and sixteen years respectively. The Local Court cap sits at an $11,000 fine or two years’ gaol.

Dishonestly destroying or damaging property

Damaging property dishonestly, with a view to gain, attracts the same maximum terms as the injury-related offence above: seven years (fourteen for fire or explosives), or nine and sixteen years if committed during a public disorder.

Damaging property to endanger life

This is the most serious variant. Destroying or damaging property with intent to endanger another person’s life carries a maximum of 25 years’ imprisonment and is a strictly indictable offence, meaning it must be dealt with in a higher court.

Threatening to destroy or damage property

Even a threat can amount to a criminal offence. Making a threat to destroy or damage property, without lawful excuse, with the intention of causing fear that the threat will be carried out, carries up to five years’ imprisonment in the District Court (seven during a public disorder), or an $11,000 fine or two years in the Local Court.

How a Local Court Matter Proceeds

Most malicious damage charges are finalised in the Local Court. The process generally runs as follows:

1. Initial consultation: speak with a defence lawyer before your first court date so you understand your options.
   
   
2. Mention hearing: your first appearance, where you can enter a plea. Pleading not guilty means the matter is adjourned for evidence to be exchanged.
   
   
3. Brief mention: both sides exchange their evidence ahead of a hearing date.
   
   
4. Defended hearing: each party presents their case, and the magistrate delivers a verdict and sentence if applicable.

Entering an early guilty plea can reduce your sentence by up to 25 per cent, but this should only ever be done after receiving proper legal advice.

Sentencing Options Available to the Court

A guilty plea entered at the earliest stage can reduce a sentence by up to 25 per cent, though you should always get advice before entering any plea. Depending on the circumstances, the Local Court can impose:

• Section 10 outcomes: dismissal without conviction, dismissal with conditions such as a good behaviour bond, or dismissal on the condition that you complete an intervention program such as drug and alcohol counselling.
  
  
• Intensive Correction Orders: a custodial sentence served in the community under supervision, potentially with conditions like home detention, curfews, community service, or treatment programs.
  
  
• Community Correction Orders: similar to an ICO but requiring you to remain available to attend court when directed.
  
  
• Conditional Release Orders: comparable supervision options, which may be imposed with or without a recorded conviction.
  
  
• Section 32 orders: a diversionary pathway under the Mental Health (Forensic Provisions) Act 1990 (NSW) for defendants dealing with cognitive impairment or mental illness at the time of the offence.

When a Matter Goes to a Higher Court

More serious malicious damage charges, or those the prosecution elects to run in the District or Supreme Court, follow a longer pathway: a bail application if needed, a committal hearing to test whether the evidence justifies a trial, case conferences, a trial before a jury, and finally a separate sentencing hearing once a verdict is returned.

Relevant Legislation

• Section 195, Crimes Act 1900 (NSW) – Destroying or damaging property
• Section 196, Crimes Act 1900 (NSW) – Destroying or damaging property with intent to injure a person
• Section 197, Crimes Act 1900 (NSW) – Dishonestly destroying or damaging property

Disclaimer: The information above is general in nature and does not constitute legal advice. Every matter turns on its own facts, so speak with a criminal lawyer about your specific circumstances. The penalties referred to are maximum penalties only.