Canberra & the ACT · Property offences
Property damage and arson charges in the ACT.
Damaging property is an offence across a range of seriousness in the ACT, and damaging property by fire is arson, which is far more serious. Both sit in the Crimes Act 1900. The intent, the value, and whether life was endangered set the penalty.
- Damage property (basic)2 yearss 116(3)
- Intent to endanger life20 yearss 116(1)
- Arson (by fire)Up to 25 yearss 117
- CourtMagistrates / SupremeBy tier
The ACT offences.
The line between property damage and arson is fire or an explosive. Arson is treated far more seriously because of the danger fire creates. Within each offence the penalty depends on the intent: basic damage, damage for gain, or damage intended to endanger life.
Penalties and where the matter is heard.
Basic property damage is a summary matter in the ACT Magistrates Court. The more serious tiers, and arson, are indictable and are tried in the ACT Supreme Court. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT), with the value, the danger created, and the intent all in play.
Defences and issues that matter.
Intent and recklessness.
The fault element decides the tier. Whether the damage was intended, done recklessly, or intended to endanger life or for gain, changes the offence and the penalty.
Identity and cause.
In fire matters, the cause of the fire and the identity of the person responsible are frequently contested and depend on expert evidence.
Claim of right.
Where the accused damaged their own property, or had a genuine belief in a right to do so, the offence may not be made out.
How the matter is run.
A property damage brief turns on the value, the intent and the identification. An arson brief adds fire-cause expert evidence. The work is to test cause and identity, to place the matter in the right tier by intent, and to prepare the serious matters for trial in the Supreme Court.
Frequently asked.
What is the penalty for property damage in the ACT?
Basic destroying or damaging of property carries 2 years under s 116(3) of the Crimes Act 1900 (ACT). Doing so for gain carries up to 15 years, and doing so with intent to endanger life up to 20 years.
What is the difference between property damage and arson?
Arson under s 117 is damaging property by fire or explosive, and it is treated far more seriously. Arson with intent to endanger life carries up to 25 years.
Where is an arson charge heard in the ACT?
Arson is indictable and is tried in the ACT Supreme Court. Basic property damage is a summary matter in the Magistrates Court.
Is damaging my own property an offence?
Generally not, where you have a right to do so and no one else's interest or safety is affected. A genuine claim of right can answer a property damage charge.
Charged in the ACT, or facing a Supreme Court trial?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019