Destroying or Damaging Property

DESTROYING OR DAMAGING PROPERTY – SECTION 195 CRIMES ACT 1900 (NSW)

Facing a charge of destroying or damaging property can be stressful and have serious consequences. Whether it’s an act of vandalism, domestic property damage, or a dispute gone too far, understanding the law is the first step toward protecting your rights.

WHAT IS DESTROYING OR DAMAGING PROPERTY?

The offence of destroying or damaging property is set out under Section 195 of the Crimes Act 1900 (NSW). It applies where a person intentionally or recklessly destroys or damages property belonging to another person, without lawful excuse.

You can be found guilty even if the damage is minor or repairable—for example:

• Breaking a window
• Damaging a phone
• Scratching a car
• Punching a wall or door
• Pouring liquid over electronics or furniture

The law also includes temporary or indirect damage, such as disabling someone’s phone, blocking access to property, or graffiti.

WHAT MUST THE PROSECUTION PROVE?

To secure a conviction under Section 195, the prosecution must prove beyond reasonable doubt that:

1. You destroyed or damaged property
2. The property belonged to someone else
3. You intended to destroy or damage it, or were reckless as to the outcome
4. You did not have a lawful excuse for your actions

Importantly, you don’t need to have physically touched the property yourself — if you caused the damage indirectly (e.g. instructing someone else, or setting events in motion), you may still be held responsible.

PENALTIES FOR DESTROYING OR DAMAGING PROPERTY

Penalties depend on how the offence is charged:

• Basic offence: Up to 5 years imprisonment
• If the offence is committed in company: Up to 6 years imprisonment
• If the offence is committed by fire or explosives: Up to 10 years imprisonment
• In company + using fire/explosives: Up to 11 years imprisonment

Even if you don’t go to jail, other consequences may include:

• A criminal conviction
• Community service
• A good behaviour bond
• A fine
• Compensation orders (repaying damage costs)
• Restrictions on travel, work, or housing

COMMON EXAMPLES OF DESTROYING OR DAMAGING PROPERTY

This offence is broad and can apply in a range of real-world situations, such as:

• A domestic argument leading to broken items
• Property damage during a public protest
• Vandalism or graffiti on public or private buildings
• Smashing a phone, laptop, or car during a dispute
• Damaging rental property or hotel rooms
• Reckless driving causing damage to a fence or gate

DEFENCES TO A PROPERTY DAMAGE CHARGE

Depending on the facts, there may be legal defences available, including:

• Accident – You did not intend or foresee the damage
• Duress – You were forced or threatened to cause the damage
• Necessity – You acted to prevent greater harm (e.g. breaking a door to escape danger)
• Claim of right – You genuinely believed you had a legal right to damage the property
• Mental illness or cognitive impairment

A skilled criminal defence lawyer can help raise these defences and negotiate a more favourable outcome—including withdrawal of charges, reduction to lesser offences, or non-conviction outcomes like a Conditional Release Order.

HOW SERIOUS IS A SECTION 195 OFFENCE?

The seriousness of the charge depends on:

• The value of the damage
• Whether the damage was intentional or reckless
• Whether there were any aggravating factors (e.g. violence, domestic context, use of fire)
• Whether you have a criminal record
• Your behaviour during the incident and arrest
• Whether reparation (payment or repair) was made

CASE STUDY: CHARGES DROPPED AFTER DOMESTIC INCIDENT

We recently represented a Sydney client charged under Section 195 after damaging his partner’s phone and a wall during an argument. Our client had no prior record and was cooperative with police. We obtained psychological reports, demonstrated genuine remorse, and negotiated with the prosecution. The charges were ultimately dismissed pursuant to s14 of the Mental Health Provisions. The client avoided a criminal conviction and was able to resume work without restrictions.

CHARGED WITH PROPERTY DAMAGE? GET HELP NOW.

Even minor property damage can result in a permanent criminal record. Before you speak to police or attend court, speak with a lawyer who understands how to protect your rights and achieve the best possible outcome.

At Criminal Lawyers Group, we have years of experience successfully defending clients charged with property offences across Sydney and NSW.

📞 Call us on (02) 8815 8177
📧 Email: info@criminallawyersgroup.com.au
🌐 Visit: www.criminallawyersgroup.com.au

Your future matters—let us help you protect it.