Property Damage

In the ACT it is a criminal offence to destroy or damage another person’s property without their consent. You can also still be found guilty of destroying or damaging property, even if you jointly own the property with another person. 

The maximum penalty for property damage depends on whether the offence is aggravated, or whether the property damage is intended to endanger another person’s life or to gain a benefit for themselves. 

An offence is aggravated if it involves family violence. 

What is property damage?

An offence of property damage occurs when a person destroys or damages property belonging to another person, or jointly owned by them and another person, and they intend to damage or destroy the property. This is an offence pursuant to section 116 of the Crimes Act 1900 (ACT). 

The following acts constitute property damage:

• breaking a window;
• putting a hole in a wall;
• breaking furniture;
• smashing a plate;
• setting photo albums on fire. 

What must be proven?

For a person to be found guilty of property damage the prosecution must prove each of the following matters beyond a reasonable doubt:

• You destroy or damage property; and 
• The property belongs to someone else; or 
• The property belongs to you and someone else; and 
• You intend to destroy or cause damage to the property; or
• You are reckless about destroying or causing damage to the property. 

If the prosecution do not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

Property damage offences with intent to endanger life or to dishonestly gain a benefit are both Strictly Indictable, which means that it must be finalised (either by way of a trial or sentence) in the Supreme Court. The matter will still start in the Magistrates Court and will then eventually be Committed to the Supreme Court.

Property damage alone is a summary matter, which means that it will be dealt with in the Magistrates Court.

Possible Defences to property damage

The following defences may be available for a property damage charge:

• You were the sole owner of the property alleged to have been damaged or destroyed;
• You had lawful authority when the property was destroyed and/or damaged i.e. a police officer executing a search warrant; or 
• You did not intend to destroy or damage the property, i.e. it was an accident. 

Common questions about property damage

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In the ACT, a court can impose any of the following penalties for a property damage charge:

• Gaol sentence;
• Intensive Corrections Order (ICO); 
• Suspended Sentence; 
• Good Behaviour Order; 
• Fine;
• Non-conviction with Good Behaviour Order; or
• Non-conviction dismissal 

The consequences of a conviction can be serious depending on what you do for a living. Some jobs require you to have no criminal convictions and a conviction for property damage might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of violence or dishonesty can completely rule out certain career paths such as teaching, and a range of government employment options. Violent offences may also result in sentences that include imprisonment, even where an individual has no previous convictions. 

Will I go to Gaol for a property damage charge?

If you are found guilty of this offence, depending on what type of offence, it is likely that you will be sentenced to a term of full-time imprisonment, even if you have no prior criminal history. It depends on a range of facts, including your criminal history, the nature and circumstances of the offence, your subjective circumstances, among other things. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.