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Melbourne Criminal Defence Lawyers
Defence for criminal and wilful damage and arson charges across Melbourne and Victoria, including threats to damage property, graffiti, arson and bushfire. Lauren Tye provides urgent advice from first police contact through to bail, committal, plea or trial.
Free initial consultation. Confidential advice. Available 24/7.
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Years Criminal Defence Experience
Destroying or damaging property and arson charges in Victoria can carry serious penalties, including imprisonment. These cases often turn on identification, forensic evidence, intent, and whether the prosecution can prove the charge beyond reasonable doubt.
Early advice can make a real difference. What you say in a police interview may affect bail, the charges laid, negotiations with prosecutors, and the final outcome in court.
The severity of the offence and the extent of damage caused determine whether a case is heard in the Magistrates’ Court or the County Court.
Lauren Tye represents clients charged with property damage, arson, bushfire, explosives, threats to damage property, criminal and wilful damage and graffiti offences across Victoria.
These matters may be prosecuted under the Crimes Act 1958, Summary Offences Act 1966 or Graffiti Prevention Act 2007. Common defences being mistaken identity or the damage happened by accident or without the required deliberate or reckless state of mind.
Defence for destroying or damaging property under s 197 of the Crimes Act 1958. Common issues include identification, intent, the value of the alleged damage and whether lawful excuse applies.
Representation in serious fire-related matters, including arson under s 197(6) and arson causing death under s 197A. These cases often involve fire-cause investigations, expert reports, forensic evidence and arson squad material.
Defence for intentionally or recklessly causing a bushfire under s 201A of the Crimes Act 1958. Key issues may include ignition source, causation, weather conditions and whether recklessness can be proved.
Representation for serious indictable charges involving damage intended to endanger life under s 197(2) and explosive-substance offences under s 317. Early advice is important because of the seriousness of the allegations and penalties.
Defence for threats to destroy or damage property under s 198 and possession of anything with intent to destroy or damage property under s 199. These matters often involve disputed messages, context, purpose and intent.
Representation for wilful-damage charges under s 9 of the Summary Offences Act 1966 and graffiti offences under the Graffiti Prevention Act 2007. Outcomes often depend on identification, damage value, prior history and whether the matter can be resolved by negotiation, diversion or a plea to a lesser charge.
Maximum penalties under the Crimes Act 1958 (Vic), Summary Offences Act 1966 (Vic) and Graffiti Prevention Act 2007 (Vic). The seriousness of the alleged damage, the presence of fire, intent to endanger life and any prior offending directly affect both the maximum penalty and the court in which the matter is heard.
| Charge | Legislation | Max Penalty | Typical Court |
|---|---|---|---|
| Crimes Act 1958 (Vic) | |||
| Destroy or damage property | Crimes Act 1958 (Vic), s 197(1) | 10 years' imprisonment | Magistrates' / County Court |
| Destroy or damage property intending to endanger life | Crimes Act 1958 (Vic), s 197(2) | 15 years' imprisonment | County Court |
| Dishonestly destroy or damage property with view to gain | Crimes Act 1958 (Vic), s 197(3) | 10 years' imprisonment | Magistrates' / County Court |
| Destroy or damage property by fire — arson | Crimes Act 1958 (Vic), s 197(6)–(7) | 15 years' imprisonment | County Court |
| Arson causing death | Crimes Act 1958 (Vic), s 197A | 25 years' imprisonment | County / Supreme Court |
| Intentionally or recklessly cause a bushfire | Crimes Act 1958 (Vic), s 201A | 15 years' imprisonment | County Court |
| Threats to destroy or damage property | Crimes Act 1958 (Vic), s 198 | 5 years' imprisonment | Magistrates' / County Court |
| Possessing anything with intent to destroy or damage property | Crimes Act 1958 (Vic), s 199 | 5 years' imprisonment | Magistrates' / County Court |
| Cause explosion likely to endanger life or cause serious injury to property | Crimes Act 1958 (Vic), s 317(2) | 15 years' imprisonment | County / Supreme Court |
| Act, conspire, make, possess or control explosive substance with intent to cause explosion, endanger life, or cause serious injury to property | Crimes Act 1958 (Vic), s 317(3) | 10 years' imprisonment | County / Supreme Court |
| Make, possess or control explosive substance in suspicious circumstances | Crimes Act 1958 (Vic), s 317(4) | 5 years' imprisonment | Magistrates' / County Court |
| Bomb hoax — placing or sending article/substance | Crimes Act 1958 (Vic), s 317A(1) | 5 years' imprisonment or 600 PU, or both | Magistrates' / County Court |
| Bomb hoax — false statement/information | Crimes Act 1958 (Vic), s 317A(2) | 5 years' imprisonment or 600 PU, or both | Magistrates' / County Court |
| Damage emergency service vehicle by reckless driving | Crimes Act 1958 (Vic), s 317AG | 5 years' imprisonment | Magistrates' / County Court |
| Summary Offences Act 1966 (Vic) | |||
| Offences tending to personal injury or damage to property | Summary Offences Act 1966 (Vic), s 7 | 25 PU or 6 months' imprisonment, or both | Magistrates' Court |
| Wilful destruction, damage etc. of property (including property under $5,000) | Summary Offences Act 1966 (Vic), s 9 | 25 PU or 6 months' imprisonment | Magistrates' Court |
| Posting bills, placards, papers or defacing property without consent | Summary Offences Act 1966 (Vic), s 10(1) | 15 PU or 3 months' imprisonment | Magistrates' Court |
| Unauthorised commercial advertising documents | Summary Offences Act 1966 (Vic), s 10(4) | 5 PU or 6 months' imprisonment | Magistrates' Court |
| Open-air fire causing, or likely to cause, damage/danger to life or property | Summary Offences Act 1966 (Vic), s 11 | 25 PU or 12 months' imprisonment, or both | Magistrates' Court |
| Graffiti Prevention Act 2007 (Vic) | |||
| Marking graffiti visible from public place without consent | Graffiti Prevention Act 2007 (Vic), s 5 | 2 years' imprisonment | Magistrates' Court |
| Marking offensive graffiti visible from public place | Graffiti Prevention Act 2007 (Vic), s 6 | 2 years' imprisonment | Magistrates' Court |
| Possessing prescribed graffiti implement in specified place | Graffiti Prevention Act 2007 (Vic), s 7 | 25 PU | Magistrates' Court |
| Possessing graffiti implement with intent to mark graffiti | Graffiti Prevention Act 2007 (Vic), s 8 | 25 PU | Magistrates' Court |
| Advertising prescribed graffiti implement in way likely/intended to promote unlawful graffiti | Graffiti Prevention Act 2007 (Vic), s 9 | 50 PU | Magistrates' Court |
| Selling aerosol paint container to person under 18 | Graffiti Prevention Act 2007 (Vic), s 10 | 20 PU | Magistrates' Court |
| Related Victorian Damage-Adjacent Offences | |||
| Extortion with threat to destroy or endanger property | Crimes Act 1958 (Vic), s 28 | 10 years' imprisonment | Magistrates' / County Court |
| Setting fire to, or destroying, aircraft | Crimes Act 1958 (Vic), s 246B | 15 years' imprisonment | County Court |
| Victorian sabotage — damage public facility by property offence or unauthorised computer function | Crimes Act 1958 (Vic), s 247K | 25 years' imprisonment | County / Supreme Court |
| Threats to sabotage | Crimes Act 1958 (Vic), s 247L | 15 years' imprisonment | County Court |
| Contaminating goods causing public alarm/anxiety or economic loss | Crimes Act 1958 (Vic), s 249 | 10 years' imprisonment or 1200 PU, or both | County Court |
| Threatening to contaminate goods | Crimes Act 1958 (Vic), s 250 | 10 years' imprisonment or 1200 PU, or both | County Court |
| False statements about contamination of goods | Crimes Act 1958 (Vic), s 251 | 5 years' imprisonment or 600 PU, or both | Magistrates' / County Court |
Crimes Act 1958 (Vic), s 197(1)
10 years' imprisonment
Magistrates' / County Court
Crimes Act 1958 (Vic), s 197(2)
15 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 197(3)
10 years' imprisonment
Magistrates' / County Court
Crimes Act 1958 (Vic), s 197(6)–(7)
15 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 197A
25 years' imprisonment
County / Supreme Court
Crimes Act 1958 (Vic), s 201A
15 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 198
5 years' imprisonment
Magistrates' / County Court
Crimes Act 1958 (Vic), s 199
5 years' imprisonment
Magistrates' / County Court
Crimes Act 1958 (Vic), s 317(2)
15 years' imprisonment
County / Supreme Court
Crimes Act 1958 (Vic), s 317(3)
10 years' imprisonment
County / Supreme Court
Crimes Act 1958 (Vic), s 317(4)
5 years' imprisonment
Magistrates' / County Court
Crimes Act 1958 (Vic), s 317A(1)
5 years' imprisonment or 600 PU, or both
Magistrates' / County Court
Crimes Act 1958 (Vic), s 317A(2)
5 years' imprisonment or 600 PU, or both
Magistrates' / County Court
Crimes Act 1958 (Vic), s 317AG
5 years' imprisonment
Magistrates' / County Court
Summary Offences Act 1966 (Vic), s 7
25 PU or 6 months' imprisonment, or both
Magistrates' Court
Summary Offences Act 1966 (Vic), s 9
25 PU or 6 months' imprisonment
Magistrates' Court
Summary Offences Act 1966 (Vic), s 10(1)
15 PU or 3 months' imprisonment
Magistrates' Court
Summary Offences Act 1966 (Vic), s 10(4)
5 PU or 6 months' imprisonment
Magistrates' Court
Summary Offences Act 1966 (Vic), s 11
25 PU or 12 months' imprisonment, or both
Magistrates' Court
Graffiti Prevention Act 2007 (Vic), s 5
2 years' imprisonment
Magistrates' Court
Graffiti Prevention Act 2007 (Vic), s 6
2 years' imprisonment
Magistrates' Court
Graffiti Prevention Act 2007 (Vic), s 7
25 PU
Magistrates' Court
Graffiti Prevention Act 2007 (Vic), s 8
25 PU
Magistrates' Court
Graffiti Prevention Act 2007 (Vic), s 9
50 PU
Magistrates' Court
Graffiti Prevention Act 2007 (Vic), s 10
20 PU
Magistrates' Court
Crimes Act 1958 (Vic), s 28
10 years' imprisonment
Magistrates' / County Court
Crimes Act 1958 (Vic), s 246B
15 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 247K
25 years' imprisonment
County / Supreme Court
Crimes Act 1958 (Vic), s 247L
15 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 249
10 years' imprisonment or 1200 PU, or both
County Court
Crimes Act 1958 (Vic), s 250
10 years' imprisonment or 1200 PU, or both
County Court
Crimes Act 1958 (Vic), s 251
5 years' imprisonment or 600 PU, or both
Magistrates' / County Court
| Charge | Legislation | Max Penalty | Typical Court |
|---|---|---|---|
| Criminal Code Act 1995 (Cth) | |||
| Damaging Commonwealth property | Criminal Code Act 1995 (Cth), s 132.8A | 10 years' imprisonment | State/Territory court exercising federal jurisdiction |
| Falsifying documents etc., including damaging/destroying Commonwealth-related documents | Criminal Code Act 1995 (Cth), s 145.4 | 7 years' imprisonment | State/Territory court exercising federal jurisdiction |
| Sabotage involving foreign principal with intention as to national security | Criminal Code Act 1995 (Cth), s 82.3 | 25 years' imprisonment | Higher court |
| Sabotage involving foreign principal reckless as to national security | Criminal Code Act 1995 (Cth), s 82.4 | 20 years' imprisonment | Higher court |
| Sabotage with intention as to national security | Criminal Code Act 1995 (Cth), s 82.5 | 20 years' imprisonment | Higher court |
| Sabotage reckless as to national security | Criminal Code Act 1995 (Cth), s 82.6 | 15 years' imprisonment | Higher court |
| Introducing vulnerability into public infrastructure with intention as to national security | Criminal Code Act 1995 (Cth), s 82.7 | 15 years' imprisonment | Higher court |
| Introducing vulnerability into public infrastructure reckless as to national security | Criminal Code Act 1995 (Cth), s 82.8 | 10 years' imprisonment | Higher court |
| Preparing for or planning a sabotage offence | Criminal Code Act 1995 (Cth), s 82.9 | 7 years' imprisonment | Higher court |
| Related Federal Damage-Adjacent Offences | |||
| Advocating damage to or destruction of real property or motor vehicle | Criminal Code Act 1995 (Cth), s 80.2BC | Charge-specific | State/Territory court exercising federal jurisdiction |
| Threatening damage to or destruction of real property or motor vehicle | Criminal Code Act 1995 (Cth), s 80.2BD | Charge-specific | State/Territory court exercising federal jurisdiction |
| Advocating force or violence through causing damage to property | Criminal Code Act 1995 (Cth), s 80.2BE | Charge-specific | State/Territory court exercising federal jurisdiction |
Criminal Code Act 1995 (Cth), s 132.8A
10 years' imprisonment
State/Territory court exercising federal jurisdiction
Criminal Code Act 1995 (Cth), s 145.4
7 years' imprisonment
State/Territory court exercising federal jurisdiction
Criminal Code Act 1995 (Cth), s 82.3
25 years' imprisonment
Higher court
Criminal Code Act 1995 (Cth), s 82.4
20 years' imprisonment
Higher court
Criminal Code Act 1995 (Cth), s 82.5
20 years' imprisonment
Higher court
Criminal Code Act 1995 (Cth), s 82.6
15 years' imprisonment
Higher court
Criminal Code Act 1995 (Cth), s 82.7
15 years' imprisonment
Higher court
Criminal Code Act 1995 (Cth), s 82.8
10 years' imprisonment
Higher court
Criminal Code Act 1995 (Cth), s 82.9
7 years' imprisonment
Higher court
Criminal Code Act 1995 (Cth), s 80.2BC
Charge-specific
State/Territory court exercising federal jurisdiction
Criminal Code Act 1995 (Cth), s 80.2BD
Charge-specific
State/Territory court exercising federal jurisdiction
Criminal Code Act 1995 (Cth), s 80.2BE
Charge-specific
State/Territory court exercising federal jurisdiction
Maximum penalties are drawn from the Crimes Act 1958 (Vic), Summary Offences Act 1966 (Vic) and Graffiti Prevention Act 2007 (Vic) (Authorised Versions), and from the Criminal Code Act 1995 (Cth) and related Commonwealth legislation. Penalties shown are maximums only. PU = Victorian penalty unit, currently valued at $203.51 (2025–26). The Commonwealth penalty unit value differs and is set under the Crimes Act 1914 (Cth). This is general information only — verify the current charge and penalty against the legislation and contact Lauren for advice on your specific matter.
How Lauren Tye has defended real clients facing property damage and arson charges in Victorian courts.
Our client was charged with arson following a fire at a commercial premises. The prosecution alleged he had deliberately ignited the fire. He had been captured on CCTV causing damage to neighbouring properties around the same time.
Lauren Tye obtained the full brief and reviewed the fire investigation report, CCTV, witness statements and forensic evidence. Written submissions were prepared identifying weaknesses in the identification evidence.
Following negotiations the arson charge was withdrawn and a plea was accepted to several lesser criminal damage offences. The court imposed a good behaviour bond, having regards to the accused lack of relevant priors and mental health at the time of the offending.
Our client, a young person with no prior history, was charged with criminal damage following graffiti on an number of Melbourne Trains.
Lauren Tye prepared detailed character references, evidence of restitution and a written diversion application addressing remorse and rehabilitation.
The magistrate accepted the matter was suitable for diversion. The charge was resolved with no conviction recorded and no further sentencing consequences.
Every case depends on its own facts and circumstances. Past outcomes do not guarantee future results.
Get legal advice before answering questions. The first few hours can affect bail, the charges laid, negotiations with police or prosecutors, and the strength of your defence.
Give only the identifying details you are legally required to provide. Do not answer questions about what happened, who was present, how the damage or fire occurred, or what you knew.
Say: “I want to speak to my lawyer before answering any questions.”
Do not voluntarily agree to extra searches, phone access, passwords or device unlocking before getting advice. If police have lawful authority, do not obstruct them.
Write down what happened while it is fresh, including where you were, who was present, what police said, what you said and what was seized. Give the note only to your lawyer.
Keep clothing, footwear, receipts, photos, messages and anything else connected to the incident. Do not delete, edit or alter anything that may be relevant.
Property damage, arson and bushfire matters can involve forensic fire-cause analysis, identification disputes, expert evidence and serious indictable charges.
Call Lauren Tye on 0451 877 714.
Do not post online, message others, contact witnesses, speak to media or discuss the incident publicly. Private messages and posts can be obtained and used in court.
Early advice matters. Property damage and arson cases often turn on identification, intent, recklessness and the cause of the damage or fire.
Strategic defence from first police contact through to plea, sentence or trial.
Property damage and arson charges in Victoria can carry serious penalties, including imprisonment. They may also lead to compensation or restitution orders, bushfire-related consequences, and long-term effects on employment and travel. These matters often turn on identification, intent, recklessness, forensic fire-cause evidence and disputed accounts of what occurred.
Lauren Tye represents clients charged under the Crimes Act 1958, Summary Offences Act 1966 and Graffiti Prevention Act 2007 in the Magistrates’ Court and County Court. She acts from the earliest stage of an investigation through to bail, committal, plea negotiations, sentence or trial.
Lauren can assist with:
Police, arson squad investigators or fire authorities may attend the scene, seize property, conduct forensic testing, request an interview or issue charges. A charge is not a conviction.
Get legal advice before answering questions, making a statement or giving your version of events. What you say early can affect bail, negotiations and defence strategy.
Lauren reviews the brief, CCTV, witness statements, identification evidence, fire-cause reports, forensic material and any expert evidence relied on by the prosecution.
Lauren identifies weaknesses in the case, available defences and negotiation points. Where appropriate, she seeks withdrawal, charge reduction, diversion, summary jurisdiction or resolution without conviction.
Lauren appears in the Magistrates' Court and County Court for bail, contest mentions, committals, pleas, sentences and trials. She also advises on restitution, compensation and the consequences of conviction.
Available 24/7 including nights, weekends, and public holidays.
All enquiries are strictly confidential.
Direct access to your lawyer, not a call centre or junior associate.
Call Lauren directly on nights, weekends, and public holidays.
Melbourne Magistrates' Court, County Court, Supreme Court, and regional Victoria.
Your initial consultation is free. All enquiries are strictly confidential.
Criminal damage under s 197(1) of the Crimes Act 1958 involves intentionally and without lawful excuse destroying or damaging property belonging to another. The maximum penalty is 10 years’ imprisonment.
Arson is property damage by fire. It is charged under s 197(6) and carries a maximum penalty of 15 years’ imprisonment. Arson causing death under s 197A is more serious and carries a maximum penalty of 25 years.
The prosecution must prove every element of the charge beyond reasonable doubt. In property damage cases, the main issues are often identification, intent, recklessness, causation, whether the property belonged to another person, and whether lawful excuse applies.
In arson cases, the prosecution must also prove that the damage was caused by fire. Fire-cause evidence, expert reports, witness accounts and forensic material can be central.
Less serious property damage, wilful damage and graffiti charges are commonly dealt with in the Magistrates’ Court. More serious indictable charges, including arson, damage intending to endanger life and arson causing death, may proceed to the County Court or, in the most serious cases, the Supreme Court.
Bail depends on the charge, the alleged facts, the strength of the prosecution case, the person’s circumstances, any prior history and the proposed bail conditions. Serious arson allegations may involve a stricter bail test, particularly if police oppose bail.
Early advice is important before any police interview or first court appearance.
Get legal advice before answering questions. What you say to police, including informal comments, can be used as evidence.
Yes, but the prosecution must still prove the required fault element. If the damage was accidental, that may be central to the defence.
Intentional damage means the person meant to cause damage. Reckless damage means the person took an unjustified risk that damage would occur.
A lawful excuse may apply where a person believed they had consent, a legal right to act, or acted to protect property. Whether it applies depends on the evidence.
Arson causing death is a serious offence under s 197A of the Crimes Act 1958. It applies where arson causes another person’s death and carries a maximum penalty of 25 years.
Sometimes. Lower-level matters may be suitable for diversion, withdrawal, charge reduction or a non-conviction outcome, depending on the facts and the prosecution position.
Possibly. The court may order compensation or restitution where property has been damaged. Payment may also be part of diversion or plea negotiations.
Bushfire charges are serious. These cases often involve forensic fire-cause evidence, ignition source, weather conditions, fire spread, causation and recklessness.
Often, yes. Diversion may be available for lower-level graffiti matters, especially where there is limited prior history and the damage can be repaired or compensated.
Yes. Charges may be reduced or withdrawn where there are weaknesses in identification, intent, causation, lawful excuse, valuation or forensic evidence.
Yes. A conviction can affect employment, licensing, visa applications, travel and future background checks.
It depends on the charge, evidence and court process. Minor matters may resolve in weeks or months. Serious arson, bushfire or indictable matters can take significantly longer
This information is general only and not legal advice. If you need advice about your situation, contact Lauren directly.
Most property damage matters begin in the Magistrates’ Court. Summary wilful-damage and lower-level criminal damage charges are usually finalised summarily. Serious indictable matters, including arson, criminal damage intending to endanger life and bushfire offences, are committed to the County Court of Victoria. Arson causing death is dealt with in the Supreme Court.
Lauren Tye appears in the Magistrates’ Court, County Court and Supreme Court across metropolitan Melbourne and regional Victoria, representing clients from first interview through to bail, committal, plea, sentence and appeal.
Lauren Tye appears in Magistrates’ Courts, the County Court, and the Supreme Court of Victoria for assault and violence matters across metropolitan Melbourne and regional Victoria.
Other practice areas: Traffic & Driving Offences · Drug Offences · Family Violence
