Criminal Code 2002

A person commits an offence if the person—

participates in, or intends to participate in, a criminal group; and

in the course of participating in, or intending to participate in, the criminal group, engages in conduct that causes damage to property belonging to someone else; and

is reckless about causing damage to that property or any other property belonging to the other person.

Maximum penalty: imprisonment for 10 years.

Note The fault element of recklessness can be satisfied by proof of intention, knowledge or recklessness (see s 20 (4)).

A person commits an offence if the person—

participates in, or intends to participate in, a criminal group; and

in the course of participating in, or intending to participate in, the criminal group, intentionally makes to someone else a threat to damage property belonging to the other person or a third person; and

intends the other person to fear that the threat will be carried out.

Maximum penalty: imprisonment for 10 years.

In a prosecution for an offence against subsection (2), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.

In this section:

causes damage or another result—see section 400 (Definitions—pt 4.1).

damage property—see section 400 (Definitions—pt 4.1).

property—see section 400 (Definitions—pt 4.1).

threat includes the meaning given by section 402.

Note For further definition of threat, see the dictionary.

Section 401 (Person to whom property belongs) applies for the purposes of this section.