This article will discuss crimes against property under the Crimes Act 1900 (NSW). Property damage offences involve unlawful destruction, damage, or theft of property belonging to another person. Some of the most common types of property crimes in Australia include:
- Burglary: This is the unlawful entry of a building with the intention of committing an indictable offence, such as theft.
- Robbery: This is the unlawful taking of property from a person by force or intimidation.
- Theft: This is the unlawful taking of property belonging to another person without their consent.
- Malicious damage: This is the intentional or reckless destruction of property belonging to another person.
- Arson: This is the intentional or reckless destruction of property by fire.
The penalties for property crimes in Australia vary depending on the severity of the offence. Burglary, robbery, and theft can all be punished by imprisonment, while malicious damage and arson can be punished by a fine or imprisonment.
In addition to these common types of property crimes, there are a number of other offences that can be classified as crimes against property. These include:
- Graffiti: This is the unauthorised marking of property with paint or other materials.
- Trespass: This is the unauthorised entry onto someone else’s property.
- Deception: This is the dishonest obtaining of property or services by deception.
- Computer fraud: This is the use of a computer to commit fraud or theft.
The penalties for these offences also vary depending on the severity of the offence. However, they can all be punished by a fine or imprisonment. Read on to learn more about provisions for crimes against property under the Crimes Act.
Crimes Against Property: Defining Property
The term “property” in this article includes all types of assets, both tangible and intangible. This includes:
- Real estate;
- Personal belongings;
- Money;
- Investments;
- Debts and legacies; and
- Any documents that prove ownership of property, such as deeds or titles.
Additionally, it includes any property that has been converted or exchanged for other property, and everything that was acquired through this process.
Section 195: Destroying or Damaging Property
Section 195 of crimes against property deals with the offence of destroying or damaging property. People who intentionally or recklessly destroy or damage property belonging to another person are liable to 5 years of imprisonment. A 10-year imprisonment applies if the destruction or damage is caused by means of fire or explosives.
The section also provides for increased penalties for people who destroy or damage property in the company of others, or during a public disorder. In these cases, the penalty is up to:
- 6 years imprisonment for destruction or damage caused without fire or explosives; and
- 11 years imprisonment for destruction or damage caused by fire or explosives.
Section 196: Destroying or Damaging Property With Intent to Injure a Person
Section 196 of crimes against property deals with the offence of destroying or damaging property with intent to injure a person. The section states that a person who destroys or damages property with the intention of causing bodily injury to another person is liable to imprisonment for up to 7 years.
What if the destruction or damage is caused by means of fire or explosives? If this is the case the penalty is increased to up to 14 years imprisonment. The section also provides for increased penalties for people who destroy or damage property with intent to injure another person during a public disorder. In these cases, the penalty is up to:
- 9 years imprisonment for destruction or damage caused without fire or explosives; and
- 16 years imprisonment for destruction or damage caused by fire or explosives.
Section 197: Dishonestly Destroying or Damaging Property
Section 197 of crimes against property deals with the offence of dishonestly destroying or damaging property. A person who commits this offence with the intention of making a gain for themselves or another person is liable to 7 years of imprisonment.
The penalty is increased to up to 14 years imprisonment if the destruction or damage is caused by means of fire or explosives. The section also provides for increased penalties for people who dishonestly destroy or damage property during a public disorder. In these cases, the penalty is up to:
- 9 years imprisonment for destruction or damage caused without fire or explosives; and
- 16 years imprisonment for destruction or damage caused by fire or explosives
Section 198: Destroying or Damaging Property With Intention of Endangering Life
Section 198 of crimes against property outlines the offence of destroying or damaging property with the intention of endangering life. A person who destroys or damages property with the intention of endangering the life of another person is liable to imprisonment for up to 25 years. Here are some examples of acts that could be considered an offence under Section 198:
- Setting fire to a building with the intention of causing the occupants to be trapped and die in the fire.
- Damaging a dam with the intention of causing a flood that will endanger the lives of people living downstream.
- Releasing a dangerous chemical into the air with the intention of causing an explosion that will endanger the lives of people in the vicinity.
Section 199: Threatening to Destroy or Damage Property
Section 199 deals with the offence of threatening to destroy or damage property. The section states that a person who makes a threat to another person with the intention of causing them to fear that the threat will be carried out is liable to imprisonment for up to 5 years.
The section is divided into two parts. Part (1) applies to threats that are made in general circumstances. Part (2) applies to threats that are made during a public disorder.
Section 200: Possession Etc of Explosive or Other Article With Intent To Destroy or Damage Property
Section 200 outlines the offence of possessing an explosive or other article with the intention of destroying or damaging property. What if a person who has possession, custody, or control of an article with the intention that it should be used to destroy or damage property belonging to another person?
If this is the case that person is liable to imprisonment for up to:
- 7 years if the article is an explosive; and
- 3 years if the article is not explosive.
The section is divided into two parts:
- Part (1) applies to possession of an explosive or other article in general circumstances.
- Part (2) applies to the possession of an explosive or other article during a public disorder.
Importance of Seeking Legal Advice About Crimes Against Property
Crimes against property can be serious offences. Hence, it is important to seek legal advice as soon as possible. JB Solicitors is a law firm with a team of experienced criminal lawyers who can help you with crimes against property. They have a proven track record of success in court, and they will work tirelessly to protect your interests.
If you are facing charges of a crime against property, contact us today for a consultation.
