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Possession with Intent to Destroy or Damage Property is an offence under Section 200 of the Crimes Act 1900 which carries a maximum penalty of 3 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
The maximum penalty increases to 5 years in prison where the item was used during a public disorder or 7 years where the item was an explosive or 9 years where the item was an explosive and was used during a public disorder.
A ‘public disorder’ means a riot or other civil disturbance that gives rise to a serious risk to public safety whether at a single location or resulting from a series of incidents in the same or different locations.
A ‘riot’ is where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and their conduct would cause a reasonable person to fear for their personal safety.
Defences to the charge include:
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