Under Section 199 of the Crimes Act 1900 (NSW), it is an offence to threaten to destroy or damage property.  The maximum penalty is five years’ imprisonment, increasing to seven years if the threat is made during a public disorder.

Elements

For a person to be convicted of this offence, the prosecution must establish that:

• A threat was made, which can be explicit or implied.
• The threat involved destroying or damaging property in a way that the person knows will or is likely to endanger life or cause injury.
• The accused intended to cause fear. The threat must be made with the purpose of instilling fear that it will be carried out.
• There was no lawful excuse. The threat was not made with a legal justification.

Threats During Public Disorder

When threats are made in the context of a public disorder, the maximum penalty rises to seven years’ imprisonment.

Penalties

• General offence: Up to 5 years’ imprisonment.
• During public disorder: Up to 7 years’ imprisonment.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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