Criminal Code Act
Section 451
Any person who wilfully and unlawfully destroys or damages any property is guilty of an offence, which, unless otherwise stated is a misdemeanour, and he is liable, if no other punishment is provided, to imprisonment for two years.
(1) If the property in question is a dwelling-house or a vessel, and the injury is caused by the explosion of any
(a) any person is in the dwelling-house or vessel; or
(b) the destruction or damage actually endangers the life of any person; the offender is guilty of a felony, and is liable to imprisonment for life.
(2) (a) If the property in question is a bank or wall of a river, canal aqueduct, reservoir, or inland water, or work which appertains to a dock: reservoir, or inland water, and the injury causes actual danger of inundation or damage to any land or building; or
(b) if the property in question is a railway, or is a bridge, viaduct, or aqueduct, which is constructed over a highway, railway or canal, or over which a railway, highway, or canal passes, and the property is destroyed; or
(c) if the property in question, being a railway, or being any such bridge, viaduct, or aqueduct, is damaged, and the damage is done with intent to render the railway, bridge, viaduct, or aqueduct, or the highway, railway, or canal, passing over or under the same, or any part thereof, dangerous or impassable, and the same or any part thereof is thereby rendered dangerous or impassable;
the offender is guilty of a felony, and is liable to imprisonment for life.
(3) 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 felony, and is liable to imprisonment for fourteen years.
(4) If the property in question is a vessel in distress or wrecked, or stranded, or anything which belongs to such vessel, the offender is guilty of a felony, and is liable to imprisonment for seven years.
(5) If the property in question is any part of a railway, or any work connected with a railway, the offender is guilty of a felony, and is liable to imprisonment for fourteen years.
(6) (a) If the property in question, being a vessel, whether complete or not is destroyed; or
(b) if the property in question, being a vessel, whether complete or not, is damaged, and the damage is done with intent to destroy it or render it useless; or
(c) if the property in question is a light, beacon, buoy, mark, or signal, used for the purposes of navigation, or for the guidance of persons engaged in navigation; or
(d) if the property in question is a bank or wall of a river, canal, aqueduct, reservoir, or inland water, or a work which appertains to a dock, canal, aqueduct, reservoir, or inland water, or which is used for the purposes of lading or unlading goods; or
(e) if the property in question, being a railway, or being a bridge, viaduct, or aqueduct, which is constructed over a highway, railway or canal, or over which a highway, railway, or canal passes, is damaged, and the damage is done with intent to render the railway, bridge, viaduct, or aqueduct, or the highway, railway, or canal, passing over or under the same, or any part thereof, dangerous or impassable; or
(f) if the property in question, being anything in process of manufacture, or an agricultural or manufacturing machine, or a manufacturing implement, or a machine or appliance used or intended to be used for performing any process connected with the preparation of any agricultural or pastoral produce, is destroyed; or
(g) if the property in question, being any such thing, machine, implement, or appliance, as last aforesaid, is damaged, and the damage is done with intent to destroy the thing in question or to render it useless; or
(h) if the property in question is a shaft or a passage of a mine, and the injury is done with intent to damage the mine or to obstruct its working; or
(i) if the property in question is a machine, appliance, apparatus, building, Erection, bridge, or road, appertaining to or used with a mine, whether the thing in question is completed or not; or
(j) if the property in question, being a rope, chain, or tackle, of whatever material, which is used in a mine, or upon any way or work appertaining to or used with a mine, is destroyed; or
(k) if the property in question, being any such rope, chain, or tackle, as last aforesaid, is damaged, and the damage is done with intent to destroy the thing in question or to render it useless; or
(l) if the property in question is a well, or bore for water, or the dam, bank 'wall, or floodgate of a millpond or pool;
the offender is guilty of a felony, and is liable to imprisonment for seven years.
(7) 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 felony, and is liable to imprisonment for seven years.
Reproduced for reference only - this is not legal advice. Legislation can be amended or repealed; verify the current authoritative text with official sources before relying on it. Report a content issue.