What is Intentionally or recklessly destroy property ?

Destroying or damaging property is found under the Crimes Act 1900 (NSW) at Act Sect 195. A person who intentionally or recklessly destroys or damages property belonging to another is guilty of this offence:

Case law/Jurisdiction
Where the value exceeds $5000 an offence of Destroying or damaging property is what is known as a Table 1 offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is made for trial on indictment by the Department of Public Prosecutions (DPP).

Where property does not exceed $5000 an offence of Destroying or damaging property is what is known as a Table 2 offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is made for trial on indictment by the Department of Public Prosecutions (DPP) or the accused.

As damage is not defined within the Crimes Act 1900 (NSW) there have been a number of judicial approaches to determine whether “damage” has been occasioned or not. The case of Hammond v R [2013] NSWCCA 93 sets out the history or approaches taken towards this offence and gives very good indications as to what the courts have found to constitute malicious damage. What is clear from the authorities is that the damage or change to the property need not be permanent hence if the functionally is deranged or interference with function occurs this will satisfy the notion of destroy or damage. The case of Hammond concerned the spitting on a mental seat of a dock wherein in that case this was held not to be malicious damage.

What must the prosecution prove?

Since Destroying or Damaging Property is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted.

To establish Destroying or Damaging Property, the prosecution must prove each of the following matters beyond reasonable doubt:

  • You destroyed or damaged property;
  • The property belonged to another person, or the accused and another person;
  • The destruction or damage was done maliciously, with intent or recklessness.
  • They will also need to prove that you were the person who committed the malicious damage to property offence.

The Law

The offence of Destroying or Damaging Property is contained in section 195 of the Crimes Act 1900 which states:

(1) A person who intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable:

(a) to imprisonment for 5 years, or

(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 10 years.

(1A) A person who, in the company of another person or persons, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable:

(a) to imprisonment for 6 years, or

(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 11 years.

(2) A person who, in the company of another person or persons, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable:

(a) to imprisonment for 7 years, or

(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 12 years.

If you are charged with the offence of Destroying or Damaging Property what are your options?

National Criminal Lawyers have been successful in defending a number of Destroying or Damaging Property charges where the prosecution could not establish each of the elements of Destroying or Damaging Property. We have also achieved a number of non-convictions for Destroying or Damaging Property charges.

NCL offer the following options for those who have been charged with Destroying or Damaging Property:

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Intentionally or recklessly destroy property offence our Team and National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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