Damaging property that belongs to another person is a serious criminal offence. A penalty of up to 5 years imprisonment may be applicable if you are found guilty of this offence. Depending on the individual circumstances of the case, a valid defence may exist. If you are charged with one of these offences, it is important that you know where you stand. Our experienced criminal lawyers can advise you on the strength of your position and guide you through the legal process to arrive at the best possible outcome.
What are the applicable penalties?
A person who is found guilty of this offence may face up to 5 years imprisonment.
What must the prosecution prove?
To convict you of malicious property damage, the Prosecution must prove each of the following elements beyond a 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.
The Prosecution will also need to prove that you were the person who committed the malicious damage to property offence.
What does it mean to “destroy” or “damage” property?
Destroying something means making it completely useless. It is often harder to prove that something has been destroyed rather than damaged.
The definition of damage is not easy to pin down. It is important to note that damage is not limited to physical damage only. Over time, the Courts have interpreted the word damage in several ways. Here are a few examples of behaviour that may count as criminal damage:
- Punching someone’s letterbox
- Graffiti tagging a wall;
- Temporarily denting someone’s phone case;
- Removing parts from a machine without physically damaging it;
- Adding a modification onto a car that negatively affects its operation;
- Puncturing someone’s car tyre;
- Spitting on someone’s fine dress.
Courts have ruled that damage can take the form of interfering with something’s functionality. So, if you do something that causes something to work other than the way it normally should, it could be criminally damaged. Courts have also ruled that if a property’s value or usefulness is impaired, this can be enough to count as damage.
This is an area that is open to argument and interpretation. It is always best to get the opinion of an experienced lawyer. This will ensure that you do not plead guilty to something which may not actually fall under the definition of criminal damage.
What defences are available?
The following defences may be available depending on the circumstances of your case:
- That the offence was an accident;
- That your act was not voluntary;
- That you had a claim of right over the property;
- That you were affected by a mental illness;
- That you committed the offence out of necessity;
- That you committed the offence under duress;
- That you acted in self-defence.
INTENTIONALLY DESTROY OR DAMAGE PROPERTY > $5,000 & < $15,000 (Domestic Violence related) - T1 - (LPC: 64880)
Crimes Act 1900, Section 195(1)(a)
Maximum Penalty:
› Local Court: 2 years imprisonment and or a fine of $11,000.
› District Court: 5 years imprisonment.
INTENTIONALLY DESTROY OR DAMAGE PROPERTY > $2,000 & < $5,000 (Domestic Violence related) - T2 - (LPC: 64881)
Crimes Act 1900, Section 195(1)(a)
Maximum Penalty:
› Local Court: 2 years imprisonment and or a fine of $5,500.
› District Court: 5 years imprisonment.
INTENTIONALLY DESTROY OR DAMAGE PROPERTY < $2,000 (Domestic Violence related) -T2 - (LPC: 64882)
Crimes Act 1900, Section 195(1)(a)
Maximum Penalty:
› Local Court: 2 years imprisonment and or a fine of $2,200.
› District Court: 5 years imprisonment.
INTENTIONALLY OR RECKLESSLY DESTROY OR DAMAGE PROPERTY < $2,000 in company - T2 - (LPC: 67763)
Crimes Act 1900, Section 195(1A)(a)
Maximum Penalty:
› Local Court: 2 years imprisonment and or a fine of $2,200.
› District Court: 2 years imprisonment .
INTENTIONALLY OR RECKLESSLY DESTROY OR DAMAGE PROPERTY > $2,000 & < $5,000 in company - T2 - (LPC: 67765)
Crimes Act 1900, Section 195(1A)(a)
Maximum Penalty:
› Local Court: 2 years imprisonment and or a fine of $5,500.
› District Court: 6 years imprisonment.
INTENTIONALLY OR RECKLESSLY DESTROY OR DAMAGE PROPERTY > $5,000 in company - T1 - (LPC: 67767)
Crimes Act 1900, Section 195(1A)(a)
Maximum Penalty:
› Local Court: 2 years imprisonment and or a fine of $11,000.
› District Court: 6 years imprisonment .
We are here to help
These cases are rarely straightforward and require close analysis by an experienced legal practitioner. Without legal assistance, you may incur a fine and/or conviction for an offence that is excessive. It is always best to consult a solicitor so that criminal liability can be appropriately assessed and all the options available to you explored.
Your lawyer will guide you through the Court process and work with you to mitigate the severity of any possible sentence. If a Conditional Release Order with no conviction is not appropriate, your lawyer will endeavour to put your most favourable case forward to ensure that any fines are minimised and any potential jail term avoided.
Your legal matter is important. Contact Fourtree Lawyers on 1300 529 444 to prepare your legal defence now.
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Had the most amazing experience with Fourtree Lawyers kevin vierboom who represented my partner was helpful and understanding and we got a great result better then expected ? jane hogan, I was so blessed to have her by my side. They are an amazing team and i would recommend them to everyone also great value for money. Especially considering i only called the morning of the court case and they were all over it at my bek and call thankyou so much guys im so appreciative for all your help today
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Court Results
12-month CRO – no conviction | Destroy or damage property in company (>$5000) | Gosford Local Court
Our client is a 21-year-old male who lives on the Central Coast. He works full-time as a labourer and at night works as a delivery driver for a local restaurant.
Our client was celebrating a friend’s birthday in Terrigal with a group and they had all consumed a lot of alcohol. The group thought it would be a good idea to jump onto a brand new marked Police car. Nearby Police came over to inspect the parked patrol car as several people were crowded around it. Our client was questioned and initially denied any involvement. Following further investigations, Police matched our client with CCTV footage depicting two people running over the car. Our client made full admissions and was charged with destroy/damage property in company.
Principal Solicitor Kevin Vierboom made submissions on behalf of our client. Emphasis was made on our client requiring a clean record, as he was studying to become a lawyer. The Magistrate considered our client’s character references and his willingness to repair for damage caused to the car. Our client was sentenced to 12-month Conditional Release Order without conviction.
Our client avoided a criminal record which would have been an obstacle when applying for admission as a lawyer.
12-month CRO – no conviction | Intentionally destroy or damage property | Gosford Local Court
Our client is an 18-year-old male who lives on the Central Coast with his mother and 3 siblings. He is a recent year 12 graduate and plans to study at university in 2019.
Our client’s grandfather had offered our client his holiday house to celebrate his 18th birthday and completion of HSC studies. During the celebrations a window was shattered with a snooker ball and other furniture was damaged. Our client’s grandfather was alerted and he called the Police immediately.
Police arrested our client and charged him with destroying or damaging property, the penalty for 2 years imprisonment and/or a fine of $2,200.
A plea of guilty was entered at Gosford Local Court. Solicitor Denise McCarthy made submissions in mitigation of his sentence. The Magistrate accounted for our client’s young age and the effect a criminal record would have on his future employment. The Magistrate ordered that our client enters into a 12-month Conditional Release Order with no conviction.
Our client and his family were very pleased with the outcome and grateful to have avoided a criminal record at such a young age.
Charges Withdrawn | Common assault, destroy or damage property and stalk/intimidate | Gosford Local Court
Our client is a 38-year-old male who lives with his wife on the Central Coast. While travelling back from dinner in Sydney, our client and his wife had a disagreement and our client was charged with common assault, destroy or damage property and stalk/intimidate fear of physical harm. The maximum penalties for these offences include a 2-year term of imprisonment and a $5,500 fine.
Our client's instructions were to plead not guilty to the charges. Principal solicitor Kevin Vierboom represented our client in a defended hearing.
After negotiations with the Police Prosecutor, it was agreed to withdraw the charges. Our client was relieved to have the charges withdrawn and have no conviction on his record.
Destroy or damage property - withdrawn | Common assault 12-month CRO - no conviction / Wyong Local Court | 5/4/2019
Our client is a 42-year-old female. She was in a domestic relationship with the victim at the time of the offence.
One morning, while watching TV, a domestic dispute arose between our client and the victim. Our client was texting on her phone when the victim questioned her about who she was texting. The victim demanded that our client show her phone. However, she didn’t comply. Our client became frustrated at the victim’s lack of trust in her and an altercation took place. Our client was charged with common assault and destroy or damage property.
Principal Solicitor Kevin Vierboom represented our client in Wyong Local Court. After some lengthy negotiations with the Police, our client was sentenced to a 12-month Conditional Release Order (without conviction) for the common assault charge. The destroy/damage property charge was withdrawn.
Our client was very relieved to avoid a conviction which was a fantastic result.
Our client is a 30-year-old male who lives on the Central Coast. The matter involved a domestic dispute where it was alleged that our client smashed the victim’s mobile phone, and there was also the allegation of intimidation.
He was charged with three offences: ‘destroy/damage property’, ‘common assault’, and ‘stalk/intimidate intend fear physical harm’. Our client entered a plea of guilty to the offence of damaging property at the earliest opportunity and pleaded not guilty to the two remaining offences.
The matter was listed for hearing. However, the police were forced to withdraw the two remaining charges as no evidence could be put before the Court to support the charges laid. Accordingly, these two charges of Common Assault and Stalk Intimidate were dismissed by the court.
With the charge of Destroy Damage Property, the maximum penalty for this offence is 2 years of imprisonment and/or a fine of $2,200 (for property value under $2000). The client was found guilty but without proceeding to conviction and was given a Conditional Release Order for a period of 12 months.
The client was delighted with such a good result.
Destroy Damage Property & Contravene AVO | Community Correction Order | Newcastle Local
Court Out client is a 27-year-old male that resides in the Newcastle area. He is self-employed with a maintenance business. Our client was bail refused and had spent 7 weeks in custody. Our client had been out drinking with his business partners trying to organise the following week. After consuming a large number of drinks, he returned home to his wife and three children.
At that point, an argument ensued and in anger, our client smashed the TV. As a result, he was charged with destroy damage property and contravening the current AVO against him. The maximum penalty for destroy damage property is 2 years imprisonment and/or a $2200 fine. The Contravene AVO carried a maximum of 2 years imprisonment and/or a fine of $5500.
Solicitor, Joseph Gilbert, made submissions on our client's behalf outlining his involvement in the Fijian community helping younger Fijians find work in the Newcastle area, his participation in anger management classes in custody and his acknowledgment of a problem with alcohol.
The Court accepted these submissions and sentenced our client to a 12-month supervised CCO. This meant our client was to be released from custody that day. Our client was excited to be released from custody and see his family again.
Common Assault, Destroy/Damage Property & Stalk/Intimidate | Withdrawn & Conditional Release Order | Toronto Local Court
Our client is a 41-year-old male who had recently separated from his partner of 13 months. Since the relationship had broken down, there had been multiple requests for our client to move out. Several arguments took place and on the last occasion the Police were called, our client was arrested and conveyed to Toronto Police Station.
Our client was charged with two counts of Common Assault (DV), which carries the max. penalty of 2 years imprisonment and/or a fine of $5,500, one count of Destroy/Damage Property – DV related which carries a max. penalty of 2 years imprisonment and/or a fine of $5,500 and one count of Stalk/intimidate, which carries the max penalty of 2 years imprisonment and/or a fine of $5,500.
Principal Solicitor Kevin Vierboom attended Toronto Local Court and entered into negotiations with the Police Prosecutor. Accordingly, one of the Common Assault charges and the Stalk/Intimidate charge were both withdrawn.
For the second charge of Common Assault and the charge of Destroy/Damage Property, our client was found guilty without proceeding to conviction and sentenced to two Conditional Release Orders for a period of 12 months. Our client was thrilled he was able to avoid a criminal conviction.
Destroy damage property, AOABH, Contravene ADVO | $600 fine | Belmont Local Court
Our client is a 37 year old male. He is employed and lives in the Lake Macquarie Region.
Our client was charged in 2021 with destroy damage property, AOABH and contravene ADVO.
In the Local Court the max penalty for these offences include: 2 years imprisonment and and/or fines between $2,200 - $5,500.
Upon arrest he was denied bail and spent 5 weeks in custody. Solicitor Kevin Vierboom successfully negotiated amended facts and the withdrawal of more serious offences (destroy damage and AOABH) in exchange for a plea of guilty to common assault and contravene ADVO. This was accepted by the prosecution.
After taking all the above into consideration the Magistrate saw fit to reduce an otherwise harsher penalty, issuing our client a fine of $600.
Our client was very happy with the result as he was extremely anxious a custodial sentence may have been imposed and to finally have the matter behind him.
Client Reviews
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