Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 469

469 Wilful damage

(1) Any person who wilfully and unlawfully destroys or damages any property is guilty of an offence which, unless otherwise stated, is a misdemeanour, and the person is liable, if no other punishment is provided, to imprisonment for 5 years.

(2) If the offender commits the offence with the circumstance of aggravation stated in section 52B , the offender is liable, if no other punishment is provided, to imprisonment for 7 years.

(3) For this section, other than punishment in special cases, clause 11, the destruction or damage of property that is a thing mentioned in section 566 (11) is presumed to be done without the owner’s consent until the contrary is proved.

(4) For this section, punishment in special cases, clause 11, the destruction or damage of property is, until the contrary is proved, presumed to be done—

(a) without the owner’s consent; and

(b) if the property is fixed in a cemetery or at a crematorium—

(i) without the lawful consent of the entity (if any) responsible for managing and administering the cemetery or crematorium; and

(ii) not in the reasonable belief that lawful consent mentioned in subparagraph (i) has been given.

Punishment in special cases

1 Destroying or damaging premises by explosion

If—

(a) the property in question is premises; and

(b) the destruction or damage is caused by an explosion; and

(c) either—

(i) anyone is in or on the premises when the explosion happens; or

(ii) the destruction or damage actually endangers anyone’s life;

Penalty—

Maximum penalty—life imprisonment.

2 Sea walls and other property

If—

(a) the property in question is—

(i) a bank or wall of the sea or inland water; or

(ii) a work relating to a port or inland water; and

(b) the destruction or damage causes an actual danger of inundation or of damage to land or a building;

Penalty—

Maximum penalty—life imprisonment.

3 Wills and registers

If the property in question is a testamentary instrument, whether the testator is living or dead, or a register which is authorised or required by law to be kept for authenticating or recording the title to any property, or for recording births, baptisms, marriages, deaths, or burials, or a copy of any part of any such register which is required by law to be sent to any public officer, the offender is guilty of a crime, and is liable to imprisonment for 14 years.

4 Wrecks

If the property in question is a vessel in distress, or wrecked, or stranded, or anything which belongs to such a vessel, the offender is guilty of a crime, and is liable to imprisonment for 7 years.

5 Railways

If the property in question is any part of a railway, or any work connected with a railway, the offender is guilty of a crime, and is liable to imprisonment for 14 years.

6 Aircraft

If the property in question is an aircraft or anything whatever either directly or indirectly connected with the guidance control or operation of an aircraft, the offender is guilty of a crime, and is liable to imprisonment for 14 years.

7 Other things of special value

If—

(a) the property in question—

(i) is a vessel, whether complete or not; and

(ii) is destroyed or rendered useless; or

(b) the property in question—

(i) is a light, beacon, buoy, mark or signal; and

(ii) is used for navigation or for the guidance of sailors; or

(c) the property in question is—

(i) a bank or wall of the sea or inland water; or

(ii) a work relating to a port or inland water; or

(d) the property in question—

(i) is a manufacturing or agricultural machine or another thing used, or intended for use, for manufacture or for performing a process connected with the preparation of agricultural produce; and

(ii) is destroyed or rendered useless; or

(e) the property in question is—

(i) a well or bore for water; or

(ii) the dam, bank, wall, or floodgate of a millpond or pool;

Penalty—

Maximum penalty—7 years imprisonment.

8 Deeds and records

If the property in question is a document which is deposited or kept in a public office, or which is evidence of title to any land or estate in land, the offender is guilty of a crime, and is liable to imprisonment for 7 years.

9 Graffiti

(1) If the property in question is in a public place, or is visible from a public place, and the destruction or damage is caused by—

(a) spraying, writing, drawing, marking or otherwise applying paint or another marking substance; or

(b) scratching or etching;

the offender commits a crime and is liable to imprisonment for 7 years.

(2) The court may—

(a) whether or not it imposes any other penalty for the offence, order the offender to perform community service under the Penalties and Sentences Act 1992 , part 5 , division 2 , including for example, removing graffiti from property; and

(b) whether or not it imposes any penalty for the offence, order the offender to pay compensation to any person under the Penalties and Sentences Act 1992 , part 3 , division 4 .

Example—

1 For the requirement for the court to make a graffiti removal order see the Penalties and Sentences Act 1992 , part 5A and the Youth Justice Act 1992 , part 7 , division 7A .

2 For the discretion of the court to order the forfeiture of a thing used to record, store or transmit an image of, or related to, the commission of the offence see section 469AA .

10 Educational institutions

(1) If the property in question is part of a school, education centre, college, university, or another educational institution, the offender commits a crime and is liable to imprisonment for 7 years.

(2) The court may—

(a) whether or not it imposes any other penalty for the offence, order the offender to perform community service work under the Penalties and Sentences Act 1992 , part 5 , division 2 including for example, cleaning or repairing any damaged property that is part of an educational institution; and

(b) whether or not it imposes any penalty for the offence, order the offender to pay compensation to any person under the Penalties and Sentences Act 1992 , part 3 , division 4 .

11 Cemeteries etc.

(1) If the property in question is—

(a) a grave, vault, niche or memorial in a cemetery or at a crematorium; or

(b) a war memorial; or

(c) at a place of religious worship;

the offender commits a crime and is liable to imprisonment for 7 years.

(2) In this clause—

"memorial" , in a cemetery or at a crematorium, includes the following—

(a) a headstone;

(b) an inscribed plaque or commemorative plate;

(c) a monumental, ornamental or other structure;

(d) another thing erected or placed—

(i) to mark the site where human remains have been buried or placed; or

(ii) to commemorate a deceased person.

12 Emergency vehicles

If—

(a) the property in question is an emergency vehicle; and

(b) the offender knows, or ought reasonably to know, the property is an emergency vehicle;

Penalty—

Maximum penalty—7 years imprisonment.