Destroying or Damaging Property in New South Wales (Section 195 Crimes Act 1900)

Graffiti vandalism scene

Destroying or Damaging Property in New South Wales (Section 195 Crimes Act 1900)

Destroying or damaging property is a serious offence in New South Wales. It covers a wide range of conduct—from vandalism and graffiti to deliberate destruction of another person’s property.

The Law – Section 195 Crimes Act 1900 (NSW)

Section 195 of the Crimes Act 1900 (NSW) makes it an offence to intentionally or recklessly destroy or damage property belonging to another person.

Elements of the Offence

To prove the offence, the prosecution must establish beyond reasonable doubt that:

  • The accused destroyed or damaged property;
  • The property belonged to another person;
  • The destruction or damage was caused intentionally or recklessly.

Damage can include physical destruction, marking, defacing, or rendering property inoperable.

Maximum Penalty

The maximum penalty for destroying or damaging property depends on the circumstances:

  • 5 years’ imprisonment – for general offences;
  • 10 years’ imprisonment – if committed in company or by fire/explosion;
  • 12 years’ imprisonment – if the act is intended to endanger life.

Matters may be dealt with summarily in the Local Court or on indictment in the District Court.

Possible Defences

Common defences to criminal damage include:

  • Accident (lack of intent or recklessness)
  • Ownership or consent
  • Duress or necessity
  • Mistaken identity

Contact EAS Legal for Expert Help

If you are charged with destroying or damaging property, you should seek immediate legal advice. EAS Legal’s experienced criminal defence lawyers can help assess the evidence, identify possible defences, and represent you in court.

Call 1800 117 533 or visit www.easlegal.com.au for professional legal support.

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