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Penalty for Destroying or Damaging Property | Section 195 Crimes Act NSW

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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.

According to the Judicial Commission of New South Wales, the penalties imposed for the offence are:

In the Local Courts

Destroy/damage property (up to $2,000) – section 195(1)(a)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 307 4.4%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 1670 23.8%
Section 10A Conviction with No Other Penalty 254 3.6%
Fine Only 2088 29.8%
Conditional Release Order with Conviction 520 7.4%
Community Correction Order 1724 24.6%
Intensive Correction Order 152 2.2%
Imprisonment 295 4.2%

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 4 months.

Destroy/damage property (up to $2,000) – committed before 21/03/2012 – section 195(1)(a)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 1 16.7%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 2 33.3%
Section 10A Conviction with No Other Penalty 1 16.7%
Fine Only 1 16.7%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 1 16.7%

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.

Destroy/damage property (>$2,000 and up to $5,000) – section 195(1)(a)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 15 2.9%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 89 17.2%
Section 10A Conviction with No Other Penalty 14 2.7%
Fine Only 149 28.9%
Conditional Release Order with Conviction 36 7%
Community Correction Order 158 30.6%
Intensive Correction Order 16 3.1%
Imprisonment 39 7.6%

The average full term prison sentence imposed for the offence is 5 months and the average non-parole period (the minimum term in prison) is 3 months.

Destroy/damage property (>$5,000 and up to $15,000) – section 195(1)(a)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 2 1.2%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 27 15.7%
Section 10A Conviction with No Other Penalty 4 2.3%
Fine Only 31 18%
Conditional Release Order with Conviction 13 7.6%
Community Correction Order 61 35.5%
Intensive Correction Order 17 9.9%
Imprisonment 17 9.9%

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 6 months.

Destroy/damage property (>$15,000) – section 195(1)(a)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 1 1.1%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 16 18%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 10 11.2%
Conditional Release Order with Conviction 7 7.9%
Community Correction Order 36 40.4%
Intensive Correction Order 11 12.4%
Imprisonment 8 9%

The average full term prison sentence imposed for the offence is 10 months and the average non-parole period (the minimum term in prison) is 5 months.

Destroy/damage property (amount unknown) – section 195(1)(a)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 318 3.4%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 2232 23.7%
Section 10A Conviction with No Other Penalty 257 2.7%
Fine Only 2557 27.2%
Conditional Release Order with Conviction 726 7.7%
Community Correction Order 2630 28%
Intensive Correction Order 242 2.6%
Imprisonment 441 4.7%

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 4 months.

Destroy/damage property (amount unknown) – committed before 21/03/2012 – section 195(1)(a)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 0 0%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 1 16.7%
Fine Only 3 50%
Conditional Release Order with Conviction 0 0%
Community Correction Order 2 33.3%
Intensive Correction Order 0 0%
Imprisonment 0 0%

The average full term prison sentence imposed for the offence is 0 years and the average non-parole period (the minimum term in prison) is 0 years.

Destroy/damage property by fire/explosives (up to $2,000) – section 195(1)(b)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 0 0%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 4 4.2%
Section 10A Conviction with No Other Penalty 2 2.1%
Fine Only 10 10.4%
Conditional Release Order with Conviction 4 4.2%
Community Correction Order 37 38.5%
Intensive Correction Order 7 7.3%
Imprisonment 32 33.3%

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.

Destroy/damage property by fire/explosives (>$2,000 and up to $5,000) – section 195(1)(b)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 0 0%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 9 27.3%
Intensive Correction Order 6 18.2%
Imprisonment 18 54.5%

The average full term prison sentence imposed for the offence is 1.5 years and the average non-parole period (the minimum term in prison) is 9 months.

Destroy/damage property by fire/explosives (>$5,000 and up to $15,000) – section 195(1)(b)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 0 0%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 3 9.1%
Intensive Correction Order 9 27.3%
Imprisonment 21 63.6%

The average full term prison sentence imposed for the offence is 1.5 years and the average non-parole period (the minimum term in prison) is 8 months.

Destroy/damage property by fire/explosives (>$15,000) – section 195(1)(b)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 0 0%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 19 16%
Intensive Correction Order 33 27.7%
Imprisonment 67 56.3%

The average full term prison sentence imposed for the offence is 1.5 years and the average non-parole period (the minimum term in prison) is 10 months.

Destroy/damage property by fire/explosives (amount unknown) – section 195(1)(b)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 1 0.7%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 5 3.5%
Section 10A Conviction with No Other Penalty 1 0.7%
Fine Only 12 8.5%
Conditional Release Order with Conviction 1 0.7%
Community Correction Order 49 34.5%
Intensive Correction Order 21 14.8%
Imprisonment 52 36.6%

The average full term prison sentence imposed for the offence is 14 months and the average non-parole period (the minimum term in prison) is 8 months.

Destroy/damage property in company (up to $2,000) – section 195(1A)(a)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 1 1.3%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 12 15.4%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 13 16.7%
Conditional Release Order with Conviction 2 2.6%
Community Correction Order 37 47.4%
Intensive Correction Order 6 7.7%
Imprisonment 7 9%

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 5 months.

Destroy/damage property in company (>$2,000 and up to $5,000) – section 195(1A)(a)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 0 0%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 4 28.6%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 3 21.4%
Conditional Release Order with Conviction 0 0%
Community Correction Order 6 42.9%
Intensive Correction Order 1 7.1%
Imprisonment 0 0%

The average full term prison sentence imposed for the offence is 0 years and the average non-parole period (the minimum term in prison) is 0 years.

Destroy/damage property in company (>$5,000) – section 195(1A)(a)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 0 0%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 7 70%
Intensive Correction Order 2 20%
Imprisonment 1 10%

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.

Destroy/damage property in company by fire/explosives (up to $2000) – section 195(1A)(b)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 0 0%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 1 50%
Intensive Correction Order 0 0%
Imprisonment 1 50%

The average full term prison sentence imposed for the offence is 14 months and the average non-parole period (the minimum term in prison) is 7 months.

Destroy/damage property in company by fire/explosives (>$2,000 and up to $5,000) – section 195(1A)(b)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 0 0%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 1 25%
Intensive Correction Order 2 50%
Imprisonment 1 25%

The average full term prison sentence imposed for the offence is 14 months and the average non-parole period (the minimum term in prison) is 8 months.

Destroy/damage property in company by fire/explosives (>$5,000) – section 195(1A)(b)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 0 0%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 1 5.9%
Community Correction Order 5 29.4%
Intensive Correction Order 1 5.9%
Imprisonment 10 58.8%

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 10 months.

Destroy/damage property during public disorder (amount unknown) – section 195(2)(a)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 0 0%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 3 100%

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.

Destroy/damage property during public disorder by fire/explosives (amount unknown) – section 195(2)(b)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 0 0%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 1 100%

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.

In the Higher Courts

Destroy or damage property – section 195(1)(a)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 1 5.3%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 1 5.3%
Fine Only 1 5.3%
Conditional Release Order with Conviction 1 5.3%
Community Correction Order 4 21.1%
Intensive Correction Order 1 5.3%
Imprisonment 10 52.6%

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.

Destroy or damage property by fire/explosives – section 195(1)(b)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 1 1.7%
Intensive Correction Order 7 11.9%
Imprisonment 51 86.4%

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.

Destroy or damage property – section 195(1A)(a)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 1 100%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 0 0%

The average full term prison sentence imposed for the offence is 0 years and the average non-parole period (the minimum term in prison) is 0 years.

Destroy or damage property in company by fire/explosives – section 195(1A)(b)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 2 16.7%
Imprisonment 10 83.3%

The average full term prison sentence imposed for the offence is 2 years and the average non-parole period (the minimum term in prison) is 1.5 years.

Accessory after the fact to destroy or damage property in company by fire/explosives – section 195(1A)(b)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 1 100%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 0 0%

The average full term prison sentence imposed for the offence is 0 years and the average non-parole period (the minimum term in prison) is 0 years.

For expert advice and formidable legal representation from an experienced team of specialist criminal defence lawyers, call Sydney Criminal Lawyers on (02) 9261 8881 to arrange a conference and let Australia’s Most Awarded Criminal Defence Law Firm fight for the optimal outcome in your case.

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