Under Victorian criminal law, destroying or damaging property encompasses a range of offences. Each offence has its own set of legal implications. Sections 196 to 198 of the Crimes Act 1958 stipulate some of these offences.
- Destroying or damaging property (sec. 197)
- Arson causing death (sec. 197A)
- Threats to destroy or damage property (sec. 198)
What Is Property?
First, let’s discuss the definition of property under section 196 of the Act. The Act defines property as:
- property of a tangible nature,
- whether real or personal,
- money
- wild creatures which have been:
- tamed or are ordinarily in captivity and
- any other wild creatures or their carcasses if, but only if, they have been reduced into possession which has not been lost or abandoned or are in the course of being reduced into possession.
Moreover, a property shall be treated as belonging to any person if he or she has:
- the custody or control of it;
- any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest); or
- a charge on it.
Note that this provision specifically provides that property subject to a trust shall be treated as belonging to the trustee or trustees, and the person or persons who have a right to enforce the trust. Moreover, the property of a corporation shall be treated as belonging to the corporation. This is notwithstanding a vacancy in the corporation.
Destroying or Damaging Property
Section 197 states the following points:
- Destroying or damaging property. If a person is convicted of destroying or damaging property, he or she will be liable to a maximum of 10 years imprisonment. The Court will find the defendant liable if he or she intentionally and without lawful excuse destroys or damages any property belonging to another or to himself and another.
- With intention to endanger the life of another. A heavier penalty of 15 years imprisonment (maximum) will be imposed by the Court if:
- the defendant intentionally and without lawful excuse destroys or damages any property
- intending by the destruction or damage to endanger the life of another.
- With intent to gain for himself or another. 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.
When Is Destroying or Damaging Property Deemed Intentional?
This section also identifies the conditions when a person who destroys or damages property is deemed to have intentionally committed such act. If:
- The defendant’s purpose or one of his or her purposes is to destroy or damage property; or
- He or she knows or believes that his conduct is more likely than not to result in the destruction of or damage to property.
Intention to Endanger the Life of Another
Section 197 states that a person who destroys or damages property shall be treated as intending to endanger the life of another if, but only if:
- his purpose or one of his purposes is to endanger the life of another by the destruction or damage; or
- he knows or believes that the life of another is more likely than not to be endangered by the destruction or damage.
Moreover, if the party commits the offence by destroying or damaging property by fire, they will face a charge of arson. If convicted, the defendant will be liable to level 4 imprisonment (15 years maximum) despite anything to the contrary in this section.
Arson Causing Death
What if the crime of arson caused the death of another? Section 197A says that a person who commits arson and causes the death of another person is guilty of an indictable offence. The penalty of arson causing death, the heaviest among the preceding offences, is a Level 2 imprisonment (25 years maximum).
Threats to Destroy or Damage Property
Threatening to destroy or damage property is also punishable under section 198. It penalises a person who without lawful excuse makes to another a threat:
- to destroy or damage any property belonging to that other or a third person or to himself and that other or a third person; or
- to destroy or damage his own property in a way which he knows or believes is more likely than not to endanger the life of that other or a third person—
Moreover, if the defendant makes the threat with the purpose of causing the other to fear that they would carry out the threat, he or she will be guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).
Possessing Anything With Intent to Destroy or Damage Property
Section 199 also provides a penalty of 5 years maximum against a person convicted of the crime of possessing a property with intent to destroy or damage the same. This means that a person who has anything in his custody or under his control:
- with the purpose of using it, or causing or permitting another to use it, without lawful excuse:
- to destroy or damage any property belonging to some other person or to himself, the user or both of them and some other person; or
- to destroy or damage any property in a way which he knows or believes is more likely than not to endanger the life of some other person; or
- with the purpose of using it, or causing or permitting another to use it, dishonestly and with a view to gain for himself or another, to destroy or damage property.
Contact a Criminal Lawyer
If someone damages your property, you may file a criminal case against the person. You may also have an entitlement to receive compensation from such person. A criminal lawyer from JB Solicitors can help you sue the responsible party and recover your losses.
Contact us today.