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Crimes Act 1900
116Destroying or damaging property
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116 Destroying or damaging property
(1) A person who destroys or damages (otherwise than by means of fire
or explosive) any property with intent to endanger the life of another
person by that destruction or damage commits an offence.
(a) for an aggravated offence—imprisonment for 25 years; or
(b) in any other case—imprisonment for 20 years.
(2) A person who dishonestly, with a view to gain for himself or herself
or another person, destroys or damages (otherwise than by means of
fire or explosive) any property commits an offence.
(a) for an aggravated offence—380 penalty units, imprisonment for
19 years or both; or
(b) in any other case—300 penalty units, imprisonment for 15 years
(a) the person destroys or causes damage to property, other than by
fire or explosive; and
(b) the property belongs to—
(i) someone else; or
(ii) the person and someone else; and
(c) the person intends to destroy or cause damage, or is reckless
about destroying or causing damage, to the property.
(a) for an aggravated offence—60 penalty units, imprisonment for
(b) in any other case—50 penalty units, imprisonment for 2 years or
Note The defence of lawful authority applies in relation to the offence under s
(3) (see Criminal Code, s 43).
(4) An offence against this section is an aggravated offence if the offence
involves family violence.
(5) If the prosecution intends to prove that the offence is an aggravated
offence, the factor of aggravation must be stated in the charge.
(6) To remove any doubt—
does not apply to an offence against this section, whether or not
it is an aggravated offence.
factor of aggravation means the matter mentioned in subsection (4).
(b) s 72AA (Aggravated offences—pt 3 offences involving family
(c) s 72EA (Aggravated offences—pt 3A offences involving family
violence).