There are a number of offences that deal with the destruction of property under the Crimes Act (NSW), most commonly a charge of intentionally or recklessly destroying or damaging property is malicious damage of property.

Common examples of malicious damage to property include:

  • Damaging an ex-partner’s car

  • Spray painting or graffiti

  • Wiping a computer hard-drive of important information

  • Breaking into a house and damaging the house in the process

Penalties are determined upon the value of the property damaged. If the value of the property does not exceed $2,000, the maximum penalty that can be imposed by the Local Court is a fine of $2,200 and/or 2 years imprisonment.

If the value of the property is between $2,000-$5,000, the maximum penalty that can be imposed by the Local Court is a fine of $5,500 and/or 2 years imprisonment.

If the value of the property exceeds $5,000, the maximum penalty that can be imposed by the Local Court is a fine of $11,000 or 2 years imprisonment.

These penalties increase if the damage has been caused by fire or explosives or if the matter is heard in the District Court.

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