Malicious Damage
Law on damaging property of another person
Everyone owns property that they value, from homes to cars to mobile phones. There are a range of criminal offences relating to the damage of property to ensure that everyone’s property is protected.
Malicious damage is now known under the Crimes Act 1900 (NSW) as ‘destroying or damaging property’. It means that you have intentionally or recklessly damaged the property of another person.
It is an offence that can carry a penalty of immediate imprisonment. For the offence to be proven, the following things must be proved:
- That you damaged property;
- That the property did not belong entirely to you;
- That the property was damaged intentionally, or you were reckless as to the damaged that was caused.
Damage in this sense term and does not require permanent damage or damage beyond repair. It can include something as simple marking or defacing the property.
The greater the value of the property, the more serious the offence will be treated and the greater the penalty for the offence is likely to be.
Threats to damage property
There is no requirement that you need to actually damage someone’s property to be charged; a simple threat is enough. However, it must be established that you had the intention to make the person whose property you threatened fearful that the threat would be carried out.
Throwing items at vehicles or vessels
There is a specific offence for throwing items at vehicles or other vessels, such as boats or trains. The most commonly thrown item is rocks, but the offence extends to any other objects.
For this offence to be proven there is a requirement that a person is in the vehicle at the time the object is thrown, or even dropped, and your actions put the person at risk.
It is important to understand that if your actions cause an accident and a person is injured then you may be charged with far more serious offences.
Everyone owns property that they value, from homes to cars to mobile phones. There are a range of criminal offences relating to the damage of property to ensure that everyone’s property is protected.
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