Property Damage Laws

Question 1

What is the legislation that covers Destroying or Damaging Property?

Answer 1

Crimes Act 1900 (NSW) s 195

Question 2

What offence is covered by Crimes Act 1900 (NSW) s 195

Answer 2

Destroying or Damaging Property

Question 3

What are the two circumstances of aggravation that apply to Property Damage?

Answer 3

• in the company of another person or persons

- during a public disorder

Question 4

What are the 4 elements of the offence Destroying or Damaging Property?

Answer 4

• the accused
• intentionally or recklessly
• destroyed or damaged property
• property belonging to another or to the accused and another

Question 5

What does “reckless” mean?

Answer 5

This is about risk. A person foresees that a particular result may come about because of a specific action, and still goes ahead with the action despite the potential consequences.

Question 6

What does “transfer of malice” mean?

Answer 6

The concept of transfer of malice is a legal principle. A person’s intent to damage property, or to injure another person, is transferred to an outcome that results in damage or injury caused to other property or to another person, even though the offender did not intend to cause the damage or injure the person. The actual target or recipient is not the original intended target or recipient.

Transfer of mens rea from one person/property to another for the like offence

Question 7

What is the level of damage required for a property to be deemed damaged?

Answer 7

Temporary functional derangement

• If it can’t be used for it’s intended purpose for any period of time

“disfigured temporarily (by changing the appearance of the property even though it can later be restored), or rendered temporarily imperfect, inoperative, or where there is some temporary impairment or obstruction to its usefulness preventing it serving its normal function, as long as the person’s conduct - rings about some alteration to the physical integrity of the targeted property”

When property is damaged, it does not need to be totally ruined or destroyed for an offence of Destroying or Damaging Property to be established. Property can be damaged without being destroyed, even when it can be repaired.

Question 8

What does “Test of foresight” mean?

Answer 8

This is a legal principle to do with the contemplation of the possibility of causing damage or injury, and then going ahead with that particular action anyway, regardless of the possible outcome.

Question 9

What are the punishments for property damage

Answer 9

(1) (a) to imprisonment for 5 years, or
(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 10 years.

(1A) A person who, in the company of another person or persons, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable—

(a) to imprisonment for 6 years, or
(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 11 years.

(2) A person who, during a public disorder, intentionally or recklessly destroys or damages property belonging to another or to that person and 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 12 years.