Criminal Damage & Arson

Criminal damage offences in Victoria involve intentionally or recklessly causing damage to property (under section 197(1) of the Crimes Act 1958 (Vic)), ranging from minor acts of vandalism to serious cases of arson causing death (section 197A Crimes Act 1958 (Vic)).

For less serious property damage, charges may be laid under Section 9(1)(c) of the Summary Offences Act 1966 (Vic), which makes it an offence to wilfully (deliberately or recklessly) damage property under $5,000.

The severity of the offence and the extent of damage caused determine whether a case is heard in the Magistrates’ Court or escalated to the County Court, where harsher penalties, including lengthy imprisonment, may apply.

PROOF, PENALTIES & DEFENCES.

Destroying or Damaging Property.

The prosecutor has to prove:

You intentionally or recklessly caused damage or destruction to property (in the case of Arson you used fire or explosives);
The property belonged to another person;
There was no lawful excuse for the damage.

Defences:

The damage was accidental and not intentional;
You had a lawful excuse (such as owner consent or a claim of right over the property);
The property belonged to you.

Penalties:

Section 197 Crimes Act 1958: Maximum 10 years jail; in the case of Arson or where a person is endangered by the destruction or damage: Maximum 15 years jail.
Section 197A Crimes Act 1958: Maximum 25 years jail where death is caused by Arson.

Wilful Destruction or Damage of property.

The prosecutor must prove that you wilfully (deliberately or recklessly) damaged property and that the value of the damage was under $5,000.

Defences:

The damage was accidental;
The damage was over $5,000, meaning the charge is incorrectly applied;
You had a lawful excuse (such as owner consent or a claim of right over the property;
The property belonged to you.

Penalties: Maximum fine of $4,125 (25 penalty units) or up to 6 months in jail.

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