Crimes Act 1900

A person who intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable—

to imprisonment for 5 years, or

if the destruction or damage is caused by means of fire or explosives, to imprisonment for 10 years.

A person is guilty of an offence under this subsection if the person commits an offence under subsection (1)(b) in circumstances of aggravation.

A person is guilty of an offence under this subsection if—

the person intentionally or recklessly destroys or damages property belonging to another person or to that person and another person, and

the property is a war memorial.

A person who, in the company of another person or persons, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable—

to imprisonment for 6 years, or

if the destruction or damage is caused by means of fire or explosives, to imprisonment for 11 years.

A person who, during a public disorder, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable—

to imprisonment for 7 years, or

if the destruction or damage is caused by means of fire or explosives, to imprisonment for 12 years.

If, on the trial of a person for an offence under subsection (1AAA), the jury is not satisfied the person is guilty of an offence under subsection (1AAA) but is satisfied the person is guilty of an offence under subsection (1)(b), the jury may find the person—

not guilty of an offence under subsection (1AAA), and

guilty of an offence under subsection (1)(b).

In this section—

a serious drug offence,

a serious violence offence,

an offence against section 33A(1) or (2), 33B(1), 48(1), 93G(1), 93GA(1), (1A) or (1B), 93H(1) or (2), 93I(1), 195(1), (1A) or (2), 196(1) or (2), 197(1) or (2), 198 or 199(2),

an offence against a provision of Part 3, Division 10A or Division 14,

an offence against the Firearms Act 1996, section 50A(1) or (2), 50B(1) or (2), 51(1), (1A), (2) or (2A), 51A(1) or (2), 51B(1), 51BA(1) or (2), 51BB(1), 51D(1) or (2), 51E, 51F(1), 51H(1), 62(1), 63(1), (1A), (2), (3) or (4), 66(1) or 74(1), (2), (3), (4) or (5),

an offence against the Public Health (Tobacco) Act 2008, section 6A(1), (2) or (3),

an offence against the Weapons Prohibition Act 1998, section 23A(1) or (2), 25A(1) or (2), 25B(1) or 34(1) or (3).

was or is a motor vehicle within the meaning of the Road Transport Act 2013, and

was destroyed or damaged after being used by the accused person or another person in connection with an aggravated circumstances offence.

an offence against the Drug Misuse and Trafficking Act 1985, section 11B, 23(2)(a) or (b), 24(2) or (2A), 24A(1), 24B(1), 25A(1) or 36Z(2)(b), or

a second or subsequent offence against the Drug Misuse and Trafficking Act 1985, section 36Z(1), or

an offence against the Drug Misuse and Trafficking Act 1985, section 23(1)(a) or (b) or (1A), 24(1) or (1A) or 25(1), (1A), (2), (2A) or (2C), but not if the offence relates only to less than an indictable quantity within the meaning of that Act, or

an offence against the Drug Misuse and Trafficking Act 1985, section 26 or 28(1) that relates to an offence referred to in paragraph (a), (b) or (c), or

an offence committed in another jurisdiction that would constitute an offence referred to in paragraph (a), (b), (c) or (d) if the offence were committed in New South Wales.

loss of a person’s life or serious risk of loss of a person’s life, or

serious injury to a person or serious risk of serious injury to a person, or

serious damage to property in circumstances endangering the safety of a person, or

perverting the course of justice, within the meaning of Part 7, in relation to any conduct that, if proved, would constitute a serious violence offence referred to in paragraph (a), (b) or (c).