If you are charged with Destroying or damaging property you will need attend Court to have the mater dealt with. The local Court will usually hear the case, if the damage caused costs less than $2,000, and the maximum penalty is 2 years imprisonment and a $2,200 fine.
Charges can potentially lead to a criminal conviction, affecting your career, reputation and travel.
What do the Police need to prove?
To be found guilty of destroying or damaging property the prosecution must prove the following elements of the charge:
- You intentionally or recklessly damaged property; and
- That property belonged to another person
You will be found not guilty if any of these elements cannot be made out.
Defences to Destroy or Damage Property
- Self-Defence- you damaged the property while defending yourself or someone else from another person, or you were protecting property.
- Duress- where you damaged the property under the threat of death or serious harm.
- Necessity – where it was essential to avoid/prevent death or serious injury to yourself or some other person.
Penalties
| Offence | Maximum Penalty |
| Intentionally or recklessly destroy or damage property – section 195(1)(a) | 5 years imprisonment |
| Intentionally or recklessly destroy or damage property using fire or explosives- section 195(1)(b) | 10 years imprisonment |
| Intentionally or recklessly destroy or damage property in company of another person- section 195(1A)(a) | 6 years imprisonment |
| Intentionally or recklessly destroy or damage property using fire or explosives in company (with another person)- section 195(1A)(b) | 11 years imprisonment |
| Intentionally or recklessly destroy or damage property during a public disorder- section 195(2)(a) | 7 years imprisonment |
| Intentionally or recklessly destroy or damage property using fire or explosives during a public disorder- section 195(2)(b) | 12 Years imprisonment |
Court options
At court you need to tell the court if you are pleading guilty or not guilty. There are also other options too, making a section 14 application (a mental health application) and negotiating with the police.
Speak to our criminal defence lawyer if you believe you have defence and wish to plead ‘not guilty’, the police will then need to provide all the evidence they have against you before the hearing date.
If you choose to plead guilty and receive a discount for entering an early guilty plea, it may increase the chances of avoiding a criminal conviction. This depends on your individual circumstances and the particulars of your case.
