Property Damage or Destruction

20 January 2026 in Criminal Law | 4 min read | skip to FAQs

Property damage or destruction, commonly known as malicious damage, is an offence under section 195(1) of the Crimes Act 1900 (NSW), if

1. The property was intentionally or recklessly damaged; and
2. The property belonged to another person; or
3. The property was jointly owned with another person and they did not consent to the destruction or damage of the property.

What is Damage to Property?

For the purpose of section 195 of the Crimes Act 1900 (NSW), the High Court of Australia has determined that ‘the person’s act or omission occasioned some alteration of the physical integrity of the property, even if that alteration is only temporary’ (Grajewski v Director of Public Prosecutions [2019] HCA 8).

What is Considered Property?

This is defined in section 4 of the Crimes Act 1900 (NSW) and includes

1. Real and personal property
2. Valuable securities, money and debts
3. All deeds and instruments relating to any property

Property is considered to be sufficiently damaged or destroyed when:

1. There is a temporary impairment of usefulness
2. There is a temporary functional derangement
3. There is permanent damage
4. The property is left imperfect or inoperative relative to its prior condition.

Examples of conduct seen as damage include:

1. Deflating a person’s vehicles tyres
2. Painting graffiti on walls or floors
3. Urinating in a police cell to the extent that it cannot be used
4. Deleting information from a computer hard drive
5. Damaging property while committing another crime, such as a break and enter

Intentional or reckless damage

Intentional damage requires that the person was purposeful or wilful regarding the action which caused the damage or destruction to the property. Reckless damage requires that the person had the means to foresee the possibility of the damage or destruction to the property but proceeded regardless.

Defences to the destruction or damage of property

1. Duress; Being forced to damage or destroy the property. For further information, please see our article on duress.
2. A claim of right to the property. This occurs when there is a genuine and honest belief of a legal entitlement to the property.
3. Causation. This occurs when the prosecution cannot sufficiently prove that the accused was responsible for the damage or destruction.
4. Intent. This occurs when the prosecution cannot sufficiently prove that the accused had the intent to damage or destroy the property or was not able to foresee the possibility of the damage or destruction as a result of their actions.

What is the maximum penalty?

The value of the property which has been damaged or destroyed is considered when determining the maximum penalty. Where the case is heard also determines the penalty. The case can either be heard in the Local or District Court.

1. The prosecution or the accused can elect to have the matter dealt with in the District Court if the value of the property is greater than $5,000.
2. Only the prosecution can elect to have the matter dealt with in the District Court if the value of the property is less than $5,000.
3. If no election is made the matter will generally be dealt with in the Local Court.
4. If the matter is dealt with in the District Court the maximum penalty is 5 years imprisonment.
5. If the matter is dealt with in the Local Court and the value of the property is less than $5000, the maximum penalty is 1 year imprisonment and/or a fine of $5,500.
6. If the matter is heard in the Local Court and the value of the property is more than $5000 the maximum penalty is 2 years imprisonment.
7. If the matter is heard in the Local Court and the value of the property is less than $2000, the maximum fine is up to $2,200.

Aggravating factors that Increase the Maximum Penalty of Malicious Damage

1. Being in the company of another person has a maximum penalty of 6 yrs imprisonment
2. Using fire or explosives has a maximum penalty of 10 yrs, this is can be 11 yrs if in the company of another person, or 12 yrs imprisonment if the damage occurs during a public disorder
3. If the property damaged is a war memorial, there is a maximum of 7 yrs imprisonment

How can BSM Sydney Lawyer assist you?

The criminal lawyers at BSM Sydney Lawyers are highly experienced in property damage, commonly known as malicious damage and regularly attend the Local and District Courts. Our lawyers listen carefully to you, liaise with the police, analyse the representations made by the police and formulate the best defence for your matter. Our senior criminal defence lawyers provide a free 20-minute consultation.

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BSM Lawyer Sydney has conveniently located offices in Sydney CBD, Sutherland, Parramatta, Shellharbour and Wollongong.