- in Australia
Two men are facing court after allegedly breaking into a telecommunications depot in East Maitland and attempting to steal a large quantity of copper cabling valued at more than $15,000, in what police describe as a "targeted and coordinated theft".
At approximately 5:00 am on Wednesday, 29 October 2025, officers from the Port Stephens–Hunter Police District responded to reports of power tools being used within a telecommunications compound on King Street, East Maitland.
Upon arrival, police located a Subaru Forester parked within the compound and observed a substantial amount of telecommunications cabling stacked in the rear of the vehicle. It is alleged the men had forcibly gained entry through the front gate of the depot before beginning to remove the copper wiring.
Both men were arrested at the scene and taken to Maitland Police Station for questioning. Police estimate the total value of the stolen cabling exceeds $15,000.
Both men were refused bail and are scheduled to appear before the Bail Division Court 2 on Thursday, 30 October 2025.
Charges and Outstanding Warrants
A 43-year-old man was found to have two outstanding arrest warrants. In addition, he was charged with multiple offences, including:
- Destroy or damage property – two counts, contrary to section 195(1)(a) of the Crimes Act 1900 (NSW);
- Enter enclosed lands without lawful excuse, contrary to section 4(2) of the Inclosed Lands Protection Act 1901 (NSW);
- Larceny (value more than $15,000), contrary to section 117 of the Crimes Act 1900 (NSW);
- Use vehicle with unauthorised number plates and use vehicle displaying altered number plates, contrary to sections 18 and 25(1) of the Road Transport Act 2013 (NSW); and
- Goods in personal custody suspected of being stolen, contrary to section 527C(1) of the Crimes Act 1900 (NSW).
A 49-year-old man was similarly charged with:
- Destroy or damage property – two counts (s 195(1)(a), Crimes Act);
- Enter enclosed lands without lawful excuse (s 4(2), Inclosed Lands Protection Act); and
- Larceny (value more than $15,000) (s 117, Crimes Act).
Larceny – Section 117, Crimes Act 1900 (NSW)
Under section 117 of the Crimes Act 1900 (NSW), larceny is an
offence punishable by up to five years' imprisonment. The
statute does not itself define the elements of the offence;
instead, NSW courts apply the common‑law definition of
larceny: the unlawful taking and carrying away (asportation) of
property belonging to another, without the owner's consent,
with the intent to permanently deprive them of it.
Where the value of the stolen property exceeds $15,000, the offence
may be prosecuted on indictment in the District Court, carrying a
maximum penalty of five years' imprisonment. However, depending
on the circumstances, it can also be dealt with summarily in the
Local Court, where the maximum penalty is two years'
imprisonment and/or a fine of up to 100 penalty units.
While copper theft is not new, the increased market value of copper, driven by global demand for telecommunications and renewable energy infrastructure, has made it an attractive target for organised property crime. Police across NSW have noted that stolen copper can fetch hundreds of dollars per kilogram on the black market, particularly when stripped from active industrial or communications sites.
Destroying or Damaging Property – Section 195(1)(a), Crimes Act 1900 (NSW)
Under section 195(1)(a) of the Crimes Act 1900 (NSW), it is an offence to intentionally or recklessly destroy or damage property belonging to another person. This provision is deliberately broad, encompassing a diverse range of conduct—from minor acts of vandalism and graffiti to significant damage arising from forced entry during burglaries or thefts.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- The accused destroyed or damaged property;
- The property belonged to another person; and
- The act was done intentionally or recklessly.
The offence is triable either summarily or on indictment, depending on the seriousness of the conduct and the value of the damage.
Scope of "Destroying or Damaging Property"
In NSW, under s 195(1)(a) of the Crimes Act 1900 (NSW), the offence of destroying or damaging property requires that the accused intentionally or recklessly has destroyed or damaged property belonging to another. According to Grajewski v DPP (NSW) [2019] HCA 8, the term 'destroyed or damaged' includes conduct that causes some alteration to the physical integrity of the property (even if only temporary), but does not include mere interference with functionality in the absence of any physical alteration.
In the context of the East Maitland incident, police allege that the accused men damaged property while forcing entry to the telecommunications compound. If proven, such conduct would constitute destruction or damage under section 195(1)(a), particularly given the forced entry to an industrial facility.
Entering Enclosed Lands Without Lawful Excuse – Inclosed Lands Protection Act 1901 (NSW)
The Inclosed Lands Protection Act 1901 (NSW), one of the oldest statutes still in effect in the state, makes it an offence under section 4(2) to enter enclosed lands without lawful excuse. Though originally enacted to protect rural property, it now applies broadly to industrial and commercial sites, including telecommunications and transport infrastructure.
The offence is punishable by a fine of up to 10 penalty units, and while it may appear minor in isolation, it is frequently charged alongside more serious property offences such as break and enter, larceny, or malicious damage, forming part of a broader course of criminal conduct.
Need Legal Assistance?
If you or someone you know is facing a charge of larceny or property damage, speak with a Maitland Criminal lawyers
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.