If you have been charged with destroying or damaging property, police must prove that:
What does destroy or damage mean?
The words ‘destroy’ and ‘damage’ bare their ordinary English meaning, they do not have technical legal meanings. Property is destroyed or damaged when he property is physically deranged. That is, the property in question cannot operate or function due to interference. The interference with the functionality of the property is not required to be permanent.
What does recklessness mean?
You are reckless if you foresee the possibility of the harm that will be caused as a result of your actions, yet you proceed to carry out the act. In this context, you are reckless if you recognise that there is a possibility that your actions will destroy or damage property, yet you commit that act.
What are the possible defences?
Should I plead guilty or not guilty?
This will depend on a number of factors, including whether you accept that you destroyed or damaged property and whether you accept that you did so intentionally or recklessly.
You may accept that you destroyed or damaged property, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Will I go to jail for destroying or damaging property?
It is possible that you will go to jail. The maximum penalty for destroying or damaging property is 5 or 10 years imprisonment, depending on the means used to cause the damage or destruction. However, the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail.
What will the court take into account when sentencing?
The court will take into account the nature and extent of the damage, as well as the surrounding circumstances. For example, damaging glassware may be seen as less serious than damaging electronic. The court will also take into account many other factors including your personal circumstances and criminal history.
What is an example of destroying or damaging property?
The Court may find that you have destroyed or damaged property if you:
The property that I destroyed is my property, can I be charged?
If the property solely belongs to you and no one else, then police cannot charge you with this offence. However, if the property is jointly owned, that is it belonged to you and someone else, police may charge you with this offence.
If you have been charged with destroying or damaging property with intent to injure a person, police must prove that:
What does destroy or damage mean?
The words ‘destroy’ and ‘damage’ bare their ordinary English meaning, they do not have technical legal meanings. Property is destroyed or damaged when he property is physically deranged. That is, the property in question cannot operate or function due to interference. The interference with the functionality of the property is not required to be permanent.
What does recklessness mean?
You are reckless if you foresee the possibility of the harm that will be caused as a result of your actions, yet you proceed to carry out the act. In this context, you are reckless if you recognise that there is a possibility that your actions will destroy or damage property, yet you commit that act.
What does bodily injury mean?
In this context, bodily injury includes any deformity or harm caused to the body of another person as a result of your actions which resulted in the damage or destruction of the property. The injury does not need to be permanent, but it must be more than transient.
What are the possible defences?
This will depend on a number of factors, including whether you accept that you destroyed or damaged property and whether you accept that you intended, through your actions to cause bodily injury to another person.
You may accept that you destroyed or damaged property with intent to injure a person but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as destroy or damage property.
Alternatively, may accept that you destroyed or damaged property with intent to injure another person, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Will I go to jail for destroying or damaging property?
It is likely that you will go to jail. The maximum penalty for destroying or damaging property is 7 or 14 years imprisonment, depending on the means used to cause the damage or destruction. However, the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail.
What will the court take into account when sentencing?
The court will take into account the nature and extent of the damage caused, as well as the surrounding circumstances. The court will also take into account many other factors including your personal circumstances and criminal history.
If you have been charged with dishonestly destroying or damaging property, police must prove that:
What does destroy or damage mean?
The words ‘destroy’ and ‘damage’ bare their ordinary English meaning, they do not have technical legal meanings. Property is destroyed or damaged when he property is physically deranged. That is, the property in question cannot operate or function due to interference. The interference with the functionality of the property is not required to be permanent. It includes damage done in situations where fraudulent insurance claims are being made (e.g. stage motor vehicle incidents, property damage, etc.)
What does ‘making a gain’ mean?
Making a gain is to be construed broadly. It is not restricted to receiving a benefit or profit, rather it also includes destroying or damaging property to obtain money knowing that a fraudulent insurance claim was to be made.
What are the possible defences?
This will depend on a number of factors, including whether you accept that you destroyed or damaged property and whether you accept that you did so with the view of making a gain
You may accept that you dishonestly destroyed or damaged property but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as destroy or damage property.
Alternatively, you may accept that you dishonestly destroyed or damaged property but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Will I go to jail for dishonestly destroying or damaging property?
It is possible that you will go to jail. The maximum penalty for dishonestly destroying or damaging property is 7 or 14 years imprisonment, depending on the means used to cause the damage or destruction. However, the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail.
If you have been charged with destroying or damaging property with the intention of endangering life, police must prove that:
What does destroy or damage mean?
The words ‘destroy’ and ‘damage’ bare their ordinary English meaning, they do not have technical legal meanings. Property is destroyed or damaged when he property is physically deranged. That is, the property in question cannot operate or serve it’s intended purpose due to interference. The interference with the property is not required to be permanent.
What does recklessness mean?
You are reckless if you foresee the possibility of the harm that will be caused as a result of your actions, yet you proceed to carry out the act. In this context, you are reckless if you recognise that there is a possibility that your actions will destroy or damage property, yet you commit that act.
What does with intent to endanger the life of another person mean?To endanger the life of another person is to put that person’s life in risk of harm or peril. To prove this third element, police are required to prove that the purpose of your action was to endanger life through damage or destruction of property. Alternatively, police may prove this element if they can prove that you knew or believed that the destruction or damage of property will more likely than not endanger the life of another person.
What are the possible defences?
You may have been intoxicated.
This will depend on a number of factors, including whether you accept that you destroyed or damaged property and whether you accept that you did so while intending to endanger life.
You may accept that you destroyed or damaged property with intention of endangering life, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as destroy or damage property with intent to injure a person.
Alternatively, you may accept that you destroyed or damaged property with the intention of endangering life, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is certain that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of a conviction being recorded.
Will I go to jail for destroying or damaging property with the intention of endangering life?
It is very likely that you will go to jail. The maximum penalty for destroying or damaging property with the intention of endangering life is 25 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail.
What will the court take into account when sentencing?
The court will take into account the nature and extent of the damage, as well as the surrounding circumstances. The court will also take into account many other factors including your personal circumstances and criminal history.
Hugo Law Group is a law firm that is focused on protecting and defending your rights. Drawing on decades of experience, our team of criminal lawyers will guide you through the legal process, providing comprehensive, honest and strategic advice – qualities that give us our renowned reputation.
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At Hugo Law Group, we will clearly explain what your rights and obligations are so that you can make informed decisions about how to deal with the police and the court process.
Even if you have not yet been charged with a criminal offence, you should seek advice from a lawyer at an early stage to ensure that your rights and interests are protected.
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