What is the maximum penalty for destroy or damage property in NSW?
Maximum penalty. s 195(1): imprisonment for 5 years, or 10 years if the destruction or damage is caused by fire or explosives. s 195(1AA), war memorial: 7 years. s 195(1A), in company: 6 years, or 11 years by fire or explosives. s 195(2), during a public disorder: 7 years, or 12 years by fire or explosives. In the Local Court the maximum imprisonment is 2 years, with the fine capped by the value of the property damaged: 100 penalty units where value exceeds $5,000, 50 penalty units where value is not over $5,000, and 20 penalty units where value is not over $2,000.
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
This is the general property damage offence, covering damage done either deliberately or recklessly to property belonging to another person. The maximum goes up sharply where fire or explosives are used, where the accused acted with others, or where the damage happened during a public disorder. The penalty available in the Local Court depends on the dollar value of the damage.
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
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