Destroying or Damaging Property is also commonly referred to as Malicious Damage. This involves the intentional or reckless destruction or damage to any property belonging to another person and/or entity. This can be anything from scratching a car to using explosives to blow something up.
This offence is described in Section 195 of the Crimes Act 1900 as:
(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, during a public disorder, 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.
It is also an offence to threaten to destroy and/or damage property belonging to another person. The prosecution, however, must show that at the time there was an intention of causing that other party to fear that the threat would be carried out.
What is property?
The Crimes Act describes property as Property that includes every description of real and personal property; money, valuable securities, debts, and legacies; and all deeds and instruments relating to, or evidencing the title or right to any property, or giving a right to recover or receive any money or goods; and includes not only property originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and everything acquired by such conversion or exchange, whether immediately or otherwise.
What is the penalty?
Destroying or Damaging Property 5 years imprisonment
Destroying or Damaging Property by fire/explosives 10 years imprisonment
Destroying or Damaging Property in company 6 years imprisonment
Destroying or Damaging Property by fire/explosives in company 11 years imprisonment
Threatening to Destroying or Damaging Property 5 years imprisonment
What are some possible defences?
Some possible defences are:
- Duress
- Necessity
- The actions that caused damage were not intentional or reckless
- Consent
- You may have full ownership of the property
- No damage was sustained to the property
Damage Property within a Domestic Relationships
There is no difference between damaging property in the context of a domestic relationship or not. Often when an offence occurs in the context of a domestic relationship the offence title will have DV related next to it. This indicates to the court and on your criminal record that the offence was domestic related.
This notation of DV related makes no difference as to what is required to be proven and/or maximum or available penalties. Generally, however, assaults in the context of a domestic relationship can be considered more serious by the courts given the relationship between the parties.
Apprehended Domestic/Personal Violence Orders
An Apprehended Domestic/Personal Violence Orders or AVO’s will often accompany these types of charges. An AVO is a legally binding order that prohibits a person’s actions and/or conduct towards another person/s.
AVO’s in New South Wales are governed by the Crimes (Domestic and Personal) Violence Act 2007. Apprehended Violence Order’s can be made for the protection of another person if that person (or a police officer) fears violence, intimidation, harassment or stalking by another person. Unless in exceptional circumstances, if a person is found or admits guilt to a criminal domestic offence the AVO must be made into a final order for a period of time, the standard being two years.
It is important to remember that you need to obtain expert legal advice from a qualified solicitor at the earliest opportunity to see if you may have a defence available to you. Contact Catron Simmons Lawyers can assist you and ensure that your interests are represented.