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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:
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 â€śdamageâ€ť has been occasioned or not. The case of Hammond v R  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.
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.
Since Destroying or Damaging Property is a criminal offence, the burden of proof lies on the Prosecution.
The prosecution must prove the Accusedâ€™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:
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:
If you agree that you have committed the offence and the police are able to prove all the elements of the offence, it is best to plead guilty at an early opportunity to receive the maximum discount. Currently the maximum discount available for an early plea of guilty is 25% of the sentence.
Furthermore, the early guilty plea shows the Court that you have remorse and contrition for your actions.
Our Lawyers at National Criminal Lawyers work closely with you to ensure that we obtain all necessary paper work at increasing the chances of obtaining a non-conviction or section 10.
Destroying or Damaging Property can be punished with a prison sentence of up to 2 years (If heard in the Local Court) or 5 years (If heard in the District Court),
If the damage is caused by fire or explosives offenders face up to 10 years imprisonment.
If a person carries out the crime in the company of another person the maximum imprisonment is for 6 years, or 11 years if the destruction or damage is caused by means of fire or explosives.
If a person carries out the crime in during a public disorder or riot the maximum imprisonment is for 7 years, or 12 years if the destruction or damage is caused by means of fire or explosives.
If you decide to plead not guilty you will need to prepare to go to a Defended Hearing.
A defended hearing is where all the witnesses of that case are called to give evidence. The witnesses are both examined by the prosecution and tested by your defence lawyers.
National Criminal Lawyers have defended thousands of people charged with Destroying or Damaging Property and are experts at these hearings.
Sometimes the elements of Destroying or Damaging Property can be established however there also may exist a defence at law. Some of the possible defences available for those charged withÂ Destroying or Damaging Property can include:
The Courts are not bound by statistics however there must be reasonable consistency in sentences. A Magistrate or Judge should have regard to what has been done in other cases. In Green  HCA 45, the plurity judgement of French CJ, Kiefel and Creennan JJ stated:
â€śEqual Justiceâ€ť embodies the norm expressed in the terms â€śequality before the lawâ€ť. It is an aspect of the rule of law.
For offenders who Destroyed or damaged property (under $2000.00) 37% of offenders received a fine.
For Offenders who Destroyed or damaged property (between $2,000 and up to $5,000) 29% received a Bond and 28% received a fine
For offenders who Destroyed or damaged property (between $5,000 and up to $15,000) 25% got a Bond and 27% received a fine
For offenders who Destroyed or damaged property (above $15,000) 41% received a Bond and 23% served a full-time prison sentence
In NSW, a court can impose any of the following penalties for a Destroying or Damaging Property charge.
However, from the 24 September 2018 new penaltyâ€™s will be replacing the above. They are as follows:
Our client and the alleged victim were arguing at their accommodation. There were allegations that our client pushed the alleged victim and damaged her wall. Whilst representing our client in his hearing, we were able to cast doubt on the testimony of the alleged victim. Our client was found not guilty of the charge of intentionally/recklessly damaging property.
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.
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.
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.