The Crimes Act of New South Wales lists various types of property crime punishable by law. This article will provide an overview of these types of property crime and their corresponding penalties.
For many residents, feeling safe and secure in their homes and communities is a top priority. Property crime rates can significantly impact that sense of security which encompasses offences like:
- Theft (motor vehicle theft, stealing from property owners)
- Property crimes (vandalism, unlawful entry of a person's property
- Robbery
- Violent crime (murder, assault, grievous bodily harm)
NSW Property Crime: Larceny
The Crimes Act 1900 of NSW lists the punishable acts that the law considers as larceny. The following are the property crimes under Division 1 of Part 14A (miscellaneous offences) Sections 502 to 527C (Larceny and similar summary offences):
- 502 – Possession of skin etc of stolen cattle
- 503 – Stealing dogs
- 504 – Possessing stolen dog or skin
- 505 – Stealing animals etc ordinarily kept in confinement
- 506 – Stealing animals etc ordinarily kept in confinement–second offence
- 507 – Possession of stolen animals etc
- 508 – Possession of stolen animals etc–second offence
- 509 – Restoration of such stolen animals etc
- 510 – Setting engine for deer etc
- 512 – Taking fish in waters on private property
- 513 – Stealing shrubs etc
- 515 – Stealing etc live or dead fence etc
- 517 – Unlawful possession of trees, fences etc
- 518 – Stealing dead wood
- 520 – Stealing plants etc in gardens
- 521 – Stealing plants etc not growing in gardens
- 521A – Stealing of rock, stone etc
- 522 – Possession of shipwrecked goods
- 523 – Offering shipwrecked goods for sale
- 524 – Seizure of such goods
- 525 – Stealing or damaging books and other things in public library and other places
- 527C – Persons unlawfully in possession of property
NSW Property Crime: Breaking and Entering
Section 112 of the Crimes Act imposes a 14-year imprisonment penalty (maximum) for those who are convicted of "breaking into any house and committing serious indictable offence." In this property crime, the offender:
- breaks and enters any dwelling-house or other building and commits any serious indictable offence therein, or
- being in any dwelling-house or other building commits any serious indictable offence therein and breaks out of the dwelling-house or other building.
If this property crime is aggravated, the liability is a 20-year imprisonment. If it's a special aggravation, the law imposes a 25-year imprisonment.
The R v. Ponfield Guideline
The Court of Criminal Appeal in the case of R v Ponfield (1999) 48 NSWLR 327 promulgated the following guideline. If any of the following conditions are met, a court should consider the offence in violation of s. 112(1) of the Crimes Act 1900 to be more serious and should account for this increased gravity in determining the appropriate sentence.
Further, there must inevitably be an accumulation effect on seriousness and the requirement for suitable contemplation if many of these factors are present:
- The offence is committed whilst the offender is at conditional liberty on bail or on parole.
- The offence is the result of professional planning, organisation and execution.
- The offender has a prior record particularly for like offences.
- The offence is committed at premises of the elderly, the sick or the disabled.
- The offence is accompanied by vandalism and by any other significant damage to property.
- The multiplicity of offences .
- The offence is committed in a series of repeat incursions into the same premises.
- The value of the stolen property to the victim, whether that value is measured in terms of money or in terms of sentimental value.
- The offence was committed at a time when, absent specific knowledge on the part of the offender, it was likely that the premises would be occupied, particularly at night.
- That actual trauma was suffered by the victim.
- That force was used or threatened.
NSW Property Crime: Crimes Against Property Generally
Division 2 of Part 4AD (criminal destruction and damage) enumerates six crimes against property in its general sense. Section 195 of this Division provides for the rules of penalties for destroying or damaging property.
A person is liable under this section if he or she intentionally or recklessly destroys or damages property belonging to another. The maximum penalty is 5 years. However, this may be increased to 10 years if he destruction or damage is caused by means of fire or explosives.
If the offender is in company of another person and executes this criminal act, the penalty is 6 years. But if the cause of such destruction involved the use of fire and explosives, the imprisonment sanction increases to 11 years.
The other crimes against propert under this division are:
- Destroying or damaging property with intent to injure a person (196)
- Dishonestly destroying or damaging property (197)
- Destroying or damaging property with intention of endangering life (198)
- Threatening to destroy or damage property (199)
- Possession etc of explosive or other article with intent to destroy or damage property (200)
READ: Crimes Against Property
NSW Property Crime: Particular Kinds of Property
Part 4AD of the Act also enumerates property crimes against particular kinds of property. Section 201 pertains to the criminal act of interfering with a mine. The law imposes a 7-year imprisonment to a person who intentionally or recklessly executes the following acts:
- causes water to run into a mine or any subterranean channel connected to it,
- destroys, damages or obstructs any shaft, passage, pit, airway, waterway or drain of, or associated with, a mine,
- destroys, damages or renders useless any equipment, structure, building, road or bridge belonging to, or associated with, a mine, or
- hinders the working of equipment belonging to, or associated with, a mine.
Section 202, on the other hand, pertains to the crime of causing damage etc to sea, river, canal and other works. Here, the law will also sanction a 7-year imprisonment if the offender intentionally or recklessly destroys, damages, removes, or interferes with piles or other materials that form part of, or have been fixed or placed in position in order to secure:
- a sea wall or other structure designed to prevent erosion by the sea,
- the bank or bed of, or a dam, weir, or lock located on, a river or canal,
- a drain, aqueduct, marsh or reservoir, or
- a dock, quay, wharf, jetty, or other harbour installation,
Moreover, an offender may also be found guilty of this crime if he or she:
- intentionally or recklessly opens a floodgate or sluice that is located at or on a dam, weir, reservoir, or watercourse.
- intends to obstruct or hinder the navigation of vessels or boats on a navigable river or canal.
- destroys, damages, or interferes with any structure or equipment constructed or installed in connection with the use of the river or canal for navigation.
Talk to a Property Crime Lawyer
Property crime lawyers are skilled at investigating the details of your case, gathering evidence, and building a strong defence (if accused) or claim (if a victim). Our lawyers at JB Solicitors can guide you through each step of the process, explain your options, and answer any criminal law questions you may have.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.