Offences against property

Contributed by SheetalBalakrishnan, as amended by ThomasClelland and current to April 2025

Most offences against property in the Northern Territory are set out in Part VII of the Criminal Code Act. However, the Summary Offences Act also prescribes certain summary offences against property, which are of a more minor and obscure nature.

Criminal damage

It is an offence to damage property belonging to someone else [CCA s.241(1)]. The maximum penalty for an offence of criminal damage is 10 years imprisonment. Damage includes destroying or defacing the property [CCA s.238(b) - (d)]. This offence includes acts of vandalism and damage to a car or building. Where the property damaged belongs to the person who caused the damage and another person, an offence may still be committed [CCA s.239(3)].

An offence is committed if the person intentionally or recklessly causes the damage. A person intends to cause damage if the person means to carry out the act [CCA s.43AI(1)]. Recklessness is where the person is aware of a certain risk and without justification takes the risk [CCA s.43AK(1)].

Threatening someone to damage property is also an offence with a maximum penalty of seven years imprisonment [CCA s.241(2)]. The threat must be to cause death or serious harm to someone [CCA s.241(2)(b)(ii)]. It is to be recalled that there is also a summary offence relating to threats to cause damage to a dwelling house specifically [Summary Offences Act s 43AB].

Defences

In addition to other defences available under the law (for example, self-defence, sudden and extraordinary emergency or duress), a person may not be criminally responsible for causing damage to property belonging to someone else if:

• a person who is entitled, in relation to the property, has consented to the property damage [CCA s.248]; or
• at the time the damage is caused, the person believed that they had a right or interest in the property which permitted them to deal with it in a certain way [CCA s.249].

Offensive weapons and Ram Raids

It an offence to possess an item that is intended to be used to damage property belonging to someone else [CCA s.241(5)].

When an object is used to damage property, this gives rise to a separate offence of using an offensive weapon [Weapons Control Act (WCA) s.8]. An offensive weapon includes any article made, adapted, or used intentionally to cause damage to property [WCA s.3]. This could include, for example, a rock or a piece of wood spontaneously used to damage property.

A specific offence to prohibit "Ram-raids" has been added to the Criminal Code. This offence prohibits a person from driving a vehicle with the intention of causing damage to the property of another, and causing that damage [CCA s 241A]. The offence has a maximum penalty of 10 years.

Domestic Violence Orders

In the case of people in a domestic relationship [Domestic and Family Violence Act (DFVA) s.9], causing a fear that a person's property might be damage constitutes "intimidation" for the purpose of the making of a Domestic Violence Order [DFVA s 6]. Domestic Violence Orders frequently include a condition restraining a person from damaging the property of the protected person. See Domestic and Family Violence for more information.

Arson

It is an offence to use fire or an explosive to damage a building or conveyance [CCA s.243(1)]. A building includes a part of a building, or anything that is designed for living in, while a conveyance includes an aircraft, boat, train, car or trailer [CCA s.243(5)]. The maximum penalty for arson is life imprisonment.

An attempt to commit arson attracts a maximum penalty of 14 years imprisonment [CCA s.243(2)].

Threatening someone to use fire or an explosive to damage a building or conveyance is also an offence with a maximum penalty of seven years imprisonment [CCA s.243(3)].

Driving, using or riding a motor vehicle without consent

The offence of "unlawfully using a motor vehicle" was repealed and replaced in 2022, though it may still be charged for offences prior to amendment. To be guilty of unlawful use of a motor vehicle under the now-repealed section, a person (including a passenger) who uses a boat, car, caravan or trailer without its owner's permission is guilty of an offence [CCA s.218(1)]. The offence typically covers joyriding scenarios where the offender does not intend to actually steal the vehicle. The offence applies equally to drivers and passengers. However, a possible defence to the charge could arise for a person who is under a reasonable, but mistaken belief that the vehicle was being used lawfully (i.e. with permission) [CCA s.43AW].

The offence attracts a maximum penalty of two years imprisonment, or seven years if aggravated by any of the following circumstances [CCA s.218(2)]:

• a person is injured or endangered;
• the value of the vehicle exceeds $20,000;
• there is at least $1,000 worth of damage to the vehicle;
• the vehicle is used to commit another offence; or
• the vehicle's whereabouts are unknown to the owner for 48 hours or more.

For offending that post-dates the amendment, a person is now guilty of an offence where they intentionally drive, use, or ride in or on a motor vehicle, vessel, or aircraft where that vehicle belongs to another person and was taken without consent [CCA 228AB]. For a person to be guilty, they need only be reckless in relation to the vehicle having been taken without consent (meaning that it is not required that they positively knew that that had occurred) [CCA s 228AB(2)]. The new offence carries a maximum penalty of five years in relation to a motor vehicle or aircraft, and seven years in the case of an airplane [CCA s 228AB(2)].

Stealing

The NT definition of stealing [CCA s.209, 212, 213, 217] is wide. The statutory definition of the 'intention to permanently deprive' is broad, and covers a number of different scenarios [CCA s 213].

A person can be found guilty of stealing in any of the following situations:

• where they intended to keep the property permanently;
• where they intended only to borrow the property for a short time during which they treated it as their own (for example, taking money to gamble on the races with the intention of later returning it; or taking an object to a pawn shop to get a loan (which in turn could also give rise to a separate charge of criminal deception [CCA s.227]);
• where they initially came by the property innocently, but subsequently unlawfully assumed a right to keep it or deal with it as the owner (for example, where a person finds a wallet in the street and fails to return it to the owner or hand it in to the police as lost property; or where a person who realises that they have been mistakenly overpaid, but decides to keep the money); or
• where a person takes property notwithstanding that they were willing to pay for the property at the time (for example, where a shoplifter is confronted at the supermarket check-out with concealed goods in their backpack, and then offers to pay for them).

The maximum punishment for stealing or theft is ten years imprisonment [CCA s 217]. Stealing is considered to be more serious if it occurs within a relationship of trust, such as when an employee steals from their employer.

Criminal dishonesty offences

Prior to 2022, a person who by deception obtained the property of another, or obtains a benefit (whether for themselves or for another) commits an offence [CCA s.227]. This offence includes insurance fraud or pawning stolen goods. The maximum penalty for this offence is seven years imprisonment, unless the property or benefit obtained has a value of $100,000 or more, in which case the maximum penalty is 14 years imprisonment.

However, in 2022, Part VII, Division 2, Subdivision 2 of the Criminal Code was amended to insert a new range of dishonesty offences. The main offences in the amended subdivision are the offence of obtaining property by deception [CCA s 228AH] (maximum penalty 10 years) and obtaining financial advantage by deception [CCA s 228AK] (maximum penalty 10 years). The Subdivision also prohibits dishonestly intending to obtain a grant from the Territory [CCA s 228AL], dishonestly intending to cause loss to the Territory [CCA s 228AM], and blackmail and extortion [CCA s 228AO].

The streamlining of the terminology (such as "obtaining benefit by deception") brings the Territory into line with other jurisdictions (such as Victoria).

Receiving criminally obtained property

A person who dishonestly receives property, knowing or believing it to have been so obtained, is liable to a maximum of ten years imprisonment [CCA s.226]. The prosecution must prove the person's knowledge or belief. They may do so by reference to the situation. For example, a person who buys four new steel-rimmed tyres from a stranger at well below the normal retail price may be found guilty of an offence under this section if the prosecution can establish that the person knew or believed that they were stolen, and was not acting honestly.

It must be proven that the person had this knowledge or belief at the time the person received the property. The person must have known or believed that the property was stolen at the time it was received; finding out later is not sufficient.

Possession of stolen goods

Where the police find property within a person's custody, control, premises or disposal, which the police reasonably suspect as having being stolen or otherwise unlawfully obtained, that person may be found guilty of having stolen goods [Summary Offences Act (SOA) s.61]. This offence carries a maximum penalty of a $2,000 fine or imprisonment for 12 months. Unlike the offence of receiving under section 226 of the CCA, the prosecution does not have to prove that the offender knew that the goods were stolen in order to make out a charge under section 61 of the SOA. Insteaad, establishing that police suspicions that the goods were stolen were reasonably held is sufficient. Another important difference between section 226 of the CCA and section 61 of the SOA is that a person can only be charged under section 61 where the person is actually in possession of the property at the time of arrest or apprehension. For discussion, see Mununggurritj v Rue [2007] NTSC 2 (16 January 2007). The onus of proof is also reversed in section 61 of the SOA. To establish their innocence, a person charged under section 61 must provide the court with a satisfactory explanation as to how they came into possession of the suspected property see Mununggurritj v Rue [2007] NTSC 2 at [17].

Robbery

Robbery occurs where a person commits the offence of theft, and uses force or a threat of force to either commit the theft or to escape at the time of the theft [CCA s 218]. The definition of robbery has been changed via statutory amendment in 2022 to the present definition. The violence need not be directed at the victim of the robbery, such that violence used or threatened to any person will be sufficient. See R v Stanischewski [2001] NTSC 86 at [16] for a discussion about interpreting the elements of this offence, though the provisions have since been amended.

A person committing robbery alone faces a maximum penalty of 14 years imprisonment. However, if the person is armed with a firearm or other weapon, is in company with any other person, or causes harm to any person, the maximum penalty is imprisonment for life [CCA s 219].

Assault with intent to steal

If a person assaults another with intent to steal anything, the person commits a crime carrying a maximum penalty of seven years imprisonment [CCA s 193B]. This provision covers criminal activity commonly known as 'mugging' or 'rolling', though those behaviours may also be covered by the above offence of robbery. The circumstances in such a case may suggest two separate offences (i.e. assault and stealing), rather than the offence of robbery, though the recent amendments to the definition of robbery bring the two offences closer together.

An offender who is armed with a firearm or other weapon, or is in company with any other person, or who causes the victim harm, is liable to imprisonment for 14 years [CCA s.212(2)]. If the offender discharges a firearm and injures anybody, the maximum penalty is imprisonment for life [CCA s 193B].

Trespass

Trespass on a place is a summary offence and carries a maximum penalty of 20 penalty units or six months imprisonment, or 50 penalty units or 12 months imprisonment if the place is a place of primary production [Trespass Act s 13]. For example, a person commits a trespass by entering someone else's house without permission. A trespass can also be committed by entering a place where the person has previously been warned to stay away (for example, a shopping centre) [Trespass Act s 15].

A person may defend a charge of trespass if they prove that it was the result of an honest and reasonable mistake of fact (for example, they had the wrong address), or that the trespass was necessary for reasons of severe hardship [Trespass Act s 18].

Burglary

Amendments in 2022 removed the offence of Unlawful Entry, and replaced them with the new offence of burglary [CCA s 221]. However, for conduct prior to the amendment, a person may still be prosecuted for unlawful entry.

Unlawful Entry prior to 2022

Where a person enters a building unlawfully (that is, without authorisation, justification or excuse [see CCA Pt. II]), with intent to commit an offence or crime (for example, stealing, unlawful damage or assault), they are guilty of unlawful entry [CCA s.213]. The person must have an intention to commit an offence at the time the person unlawfully enters the building. If the intention is formed after the entry, then the person will not be guilty of an offence of unlawful entry. If a person is proved to have entered a building unlawfully, there is a presumption that they did so with intent to commit a simple offence or crime [CCA s.214(3)].

Penalties for this offence depend on the type of building, the criminal intent of the offender, whether it was night or day, and whether the offender was armed (see Table 1 below).

Although unlawful entry is commonly referred to as 'break and enter', a person can still be found guilty of the charge even if they haven't actually damaged or broken into the premises. For example, going into a house through an unlocked door with the intention of stealing something is still unlawful entry.

Burglary post-2022

Where a person enters or remains in a building as a trespasser, and does so intending to commit an indictable offence or the summary offence of an assault (per s 188(1) CCA), that person is guilty of burglary [CCA s 221]. Where the offence intended is less serious, the person may still be guilty of entering a building with intent to commit an offence [CCA s 220]The maximum penalty for burglary is 14 years where there are no circumstances of aggravation. However, where the burglary is committed in the following circumstances the burglary will be aggravated [CCA s 222]:

• The building was a dwelling house and the burglary occurred at night;
• The burglary was committed in company with one or more person;
• The defendant had possession of a firearm or any other dangerous or offensive weapon when committing the offence;
• The building is a dwelling-house and the defendant had a firearm or another offensive or dangerous weapon when committing the offence.

In the first three of those circumstances of aggravation, the maximum penalty is 20 years [CCA s 222(2)]. However, in the fourth circumstance, the maximum penalty for the burglary is life [CCA s 222(3)].

Offences committed with common criminal purpose

A person can be found guilty of a burglary even if they never actually entered the building themselves. This is because of what is known as the law of common purpose [CCA s 43BG, s 43BGA]. These laws are very complex. At a basic level, the law states that when people agree to commit a crime together, or when a person helps or encourages another to commit a crime, they can also be guilty of committing the crime as if they had in fact done it themselves. In this way, a person who simply waits outside to keep a look-out for police and passers-by while another unlawfully enters the building, can be held to be liable for the burglary as if they entered the building themselves.

Going equipped for theft

Under the CCA, any person who is found armed outside their home with an item with the intention of using the item in the course of committing an offence of theft or a related offence is guilty of an offence with a maximum penalty of 3 years [CCA s 225(1)]. Where the item is a dangerous or offensive weapon or a firearm, the person is guilty of an offence with a maximum penalty of seven years [CCA s 225(3)].

Under the SOA, any person who has in their custody or possession any picklock, key, crow, jack, bit, or other implement of housebreaking, may be found guilty of an offence unless that person can prove that they had a lawful excuse to possess it [SOA s.57(1)(e)]. The onus of proof is reversed. Where a person is found guilty of such an offence, the implement is forfeited to the Territory [SOA s.57(2)]. The maximum penalty is $1,000 and/or six months imprisonment; or 12 months imprisonment if it is the person's second or subsequent offence under this section [SOA s.58].

Right to defend property

A person is justified in using reasonable defensive conduct where that person believes it is necessary to protect their property from being unlawfully used, taken, interfered with, damaged or destroyed; or to prevent or remove trespassers. A person is also similarly justified where assisting another to protect their property [CCA s.29 and s.43BD]. However, a person is not justified in using force intended to cause death or serious harm in order to protect property or to prevent or remove a trespasser [CCA s.29(3) and s.43BD(3)].

Sentencing for 'aggravated property offences'

In the Northern Territory, mandatory sentencing laws apply in relation to 'aggravated property offences'. The stated purpose for this is 'to ensure that community disapproval of persons committing aggravated property offences is adequately reflected in the sentences imposed on those persons' [Sentencing Act s.78A].

The list of offences that are aggravated property offences includes burglary, entering a building with intent to commit an offence, and robbery, with some other examples.