Understanding Property Damage: Offences and Defence Strategies

In the ACT, property damage can be broadly defined as any physical harm caused to someone else's property without their consent. This can include anything from intentional vandalism to accidental damage. There are a variety of different offences that can fall under the destroying property umbrella, and the penalties for these offences can vary widely.

Some common examples of destroying or damaging property offences include:

According to the Crimes Act 1900, section 116, destroying or damaging property pertains to the following elements: 

1. A person who is destroying or damaging property (other than with fire or explosives) intending to threaten the life of another person commits an offence. The maximum penalty for imprisonment is 20 years.
2. A crime is committed by someone who is dishonestly destroying or damaging property (other than by fire or explosives) to benefit themselves or someone else. Maximum penalties of 300 penalty units, imprisonment for 15 years or both
3. A person commits an offence if:
4. the person destroys or causes damage to property, other than by fire or explosive
5. the property belongs to someone else
6. the person intends to destroy or cause damage or is reckless about destroying or causing damage, to the property and
7. the damage to the property does not exceed $5,000
8. Maximum penalties include 50 penalty units, imprisonment for 2 years or both.

If the damage exceeds $5,000, either the person charged with the offence or the prosecution can choose to have the case considered in District Court by jury. If the damage is less than $5,000, the case will most likely be handled in a Local Court unless the prosecution makes an election.

For the offence of criminal damage to property to be proved, the act has to have one crucial element, which is the fault element, which may include intent or recklessness. A person who did not intend to cause the result of his or her actions because it was an accident may be not guilty of the offence.



A person must meet the following criteria to be considered liable for the offence of criminal damage. To be found guilty (or plead guilty), the person must:

• Have performed conduct that damaged property
• Have intended to perform the damage, or alternatively, was reckless about whether their conduct would cause damage to the property
• The property must be owned by someone else, or the person and someone else
• Have no lawful authority to cause the damage and is aware of the lack of authority

Finding an individual guilty of destroying property can be rather challenging, as the Prosecution must prove the following elements beyond a reasonable doubt:

• There is an intent to cause, or reckless disregard of, the destruction or damage to a property
• The property belonged to someone else or was jointly owned by the person in question
• The prosecution must prove the value of the property

Given the elements listed above needed to prove guilt, there are also ways to defend yourself against destroying property cases. Here are some of them:

• No intention of destroying or damaging the property
• The actions were an accident