The maximum penalty for the offence of destroying or damaging property is 12 years in prison.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
In the Local Courts
The most common penalty imposed for destroy/damage property (up to $2,000) under section 195(1)(a) of the Crimes Act is fine only, followed by conditional release order without conviction, then community correction order, then conditional release order with conviction, then imprisonment, then section 10(1)(a) Dismissal, then section 10A no other penalty, then intensive correction order.
The average full term prison sentence imposed for the offence is 7 months and the average non-parole period (the minimum term in prison) is 4 months.
The most common penalty imposed for destroy/damage property (up to $2,000) – committed before 21/03/2012 under section 195(1)(a) of the Crimes Act is section 10(1)(a) dismissal, followed by imprisonment, fine only, section 10A no other penalty, and conditional release order without conviction.
The average full term prison sentence imposed for the offence is 3 months and the average non-parole period (the minimum term in prison) is 3 months.
The most common penalty imposed for destroy/damage property (>$2,000 and up to $5,000) under section 195(1)(a) of the Crimes Act is community correction order, followed by fine only, then conditional release order without conviction, then imprisonment, then conditional release order with conviction, then section 10(1)(a) dismissal, then intensive correction order, then section 10A no other penalty.
The average full term prison sentence imposed for the offence is 4 months and the average non-parole period (the minimum term in prison) is 3 months.
The most common penalty imposed for destroy/damage property (>$5,000 and up to $15,000) under section 195(1)(a) of the Crimes Act is community correction order, followed by fine only, then conditional release order without conviction, then imprisonment, then intensive correction order, then conditional release order with conviction, then section 10(1)(a) dismissal, section 10A no other penalty.
The average full term prison sentence imposed for the offence is 9 months and the average non-parole period (the minimum term in prison) is 5 months.
The most common penalty imposed for destroy/damage property (>$15,000) under section 195(1)(a) of the Crimes Act is community correction order, then fine only, then intensive correction order, then imprisonment, then conditional release order without conviction, then conditional release order with conviction.
The average full term prison sentence imposed for the offence is 1 year and the average non-parole period (the minimum term in prison) is 6 months.
The most common penalty imposed for destroy/damage property by fire/explosives (up to $2,000) under section 195(1)(b) of the Crimes Act is imprisonment, followed by community correction order, then fine only, then intensive correction order, then conditional release order with conviction, then section 10A no other penalty and conditional release order without conviction.
The average full term prison sentence imposed for the offence is 1 year and the average non-parole period (the minimum term in prison) is 6 months.
The most common penalty imposed for destroy/damage property by fire/explosives (>$2,000 and up to $5,000)
under section 195(1)(b) of the Crimes Act is imprisonment, followed by community correction order, then intensive correction order.
The average full term prison sentence imposed for the offence is 17 months and the average non-parole period (the minimum term in prison) is 9 months.
The most common penalty imposed for destroy/damage property by fire/explosives (>$5,000 and up to $15,000) under section 195(1)(b) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then conditional release order without conviction.
The average full term prison sentence imposed for the offence is 19 months and the average non-parole period (the minimum term in prison) is 11 months.
The most common penalty imposed for destroy/damage property by fire/explosives (>$15,000) under section 195(1)(b) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then conditional release order with conviction.
The average full term prison sentence imposed for the offence is 20 months and the average non-parole period (the minimum term in prison) is 12 months.
In the Higher Courts
The most common penalty imposed for destroy or damage property under section 195(1)(a) of the Crimes Act is Imprisonment, followed by community correction order, then intensive correction order, conditional release order with conviction, fine only, section 10A no other penalty, and section 10(1)(a) dismissal.
The average full term prison sentence imposed for the offence is 1 year and the average non-parole period (the minimum term in prison) is 1 year.
The most common penalty imposed for destroy or damage property by fire/explosives under section 195(1)(b) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order and section 10A no other penalty.
The average full term prison sentence imposed for the offence is 3.5 years and the average non-parole period (the minimum term in prison) is 2 years.
The most common penalty imposed for destroy or damage property in company under section 195(1A)(a) of the Crimes Act is imprisonment and fine only.
The average full term prison sentence imposed for the offence is 6 months and the average non-parole period (the minimum term in prison) is 6 months.
The most common penalty imposed for destroy or damage property in company by fire/explosives under section 195(1A)(b) of the Crimes Act is imprisonment, followed by intensive correction order.
The average full term prison sentence imposed for the offence is 3 years and the average non-parole period (the minimum term in prison) is 1.5 years.
The most common penalty imposed for accessory after the fact to destroy or damage property in company by fire/explosives under section 195(1A)(b) of the Crimes Act is conditional release order with conviction.
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