Destroying or Damaging Property with Intent To Injure

In NSW, Damaging or Destroying Property with Intent To Injure a person carries a maximum penalty of 7 years imprisonment. 

Where the damage is caused by fire or explosives, the maximum penalty increases to 14 years imprisonment. 

What is Destroying or Damaging Property with Intent To Injure?

The offence of Destroying or Damaging Property with Intent To Injure is found in section 196 of the Crimes Act 1900 (NSW) which states:

(1)  A person who destroys or damages property, intending by the destruction or damage to cause bodily injury to another, is liable—

(a)  to imprisonment for 7 years, or

(b)  if the destruction or damage is caused by means of fire or explosives, to imprisonment for 14 years.

It doesn’t actually matter if an injury was not caused, it is enough to intend to do so.

The following acts might constitute Destroying or Damaging Property with Intent To Injure a person:

• tampering with someone’s breaks with the intent that causes an accident and an injury

• setting fire to a property with intent that the fire would injure someone

What Must be Proven?

For a person to be found guilty of Destroying or Damaging Property with Intent To Injure, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you intentionally or recklessly
• Destroyed or damaged property
• And that destruction or damage was done with intent to cause bodily injury to another person. 

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

Which Court Will Hear the Matter?

This offence is a Table 1 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.

Possible Defences to Destroying or Damaging Property with Intent To Injure

The following defences may be available:

• That you did not damage the property with the intent on causing a person injury
• Duress
• Necessity 

Common Questions

Will I receive a criminal conviction?

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

In NSW, a Court can impose any of the following penalties for a common assault charge.

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for this offence might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence 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?

There is a very real risk of a Gaol sentence for these charges, particularly when the offence involves the use of fire or an explosive. 

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