Overview of the Charges
Brightstone Defence successfully defended a client charged with intentional property damage under Section 195 of the Crimes Act 1900 (NSW). The incident arose from a dispute over a parking space, during which our client, Mr. Ku, was accused of maliciously scratching another driver’s Mercedes-Benz with a key. An independent bystander claimed to have witnessed the act.
Section 195 of the Crimes Act 1900 (NSW) states:
A person who intentionally or recklessly destroys or damages property belonging to another is guilty of an offence. The maximum penalty is 5 years’ imprisonment, or 7 years if committed in company or involving fire or explosives.
The charges were serious and, if proven, carried the potential for a criminal conviction and custodial sentence.
Initial Assessment and Legal Complexity
Based on the available evidence — including eyewitness testimony and visible damage to the vehicle — a senior barrister initially assessed the chance of acquittal at only 20 percent. The case presented significant risks to our client, including reputational harm and the long-term impact of a criminal record.
However, Brightstone Defence’s criminal law team, led by Lawyer Cao, approached the matter with a strategic focus on evidentiary analysis and procedural integrity.
Use of Forensic Expert Evidence
Despite the apparent strength of the prosecution’s case, our team challenged the assumption that the damage matched the alleged conduct. Lawyer Cao insisted on engaging an independent forensic expert, whose analysis of the scratch marks revealed inconsistencies. The damage was inconsistent with the use of a key in the way described by the witness.
This expert opinion undermined the prosecution’s narrative and introduced reasonable doubt regarding both the intent and the act itself.
Result: Charges Dismissed
Following comprehensive cross-examination of the witness and presentation of expert evidence, the court found the prosecution had not discharged its burden of proof. All charges against Mr. Ku were dismissed.
This case highlights the importance of early legal advice, strategic use of expert evidence, and working with an experienced criminal defence lawyer who understands the complexities of property damage charges.
Need Legal Help?
If you are facing criminal charges such as intentional or reckless property damage, Brightstone Defence can assist. Our team combines strategic insight, forensic expertise and courtroom advocacy to defend your rights.
Disclaimer: The information above is general and for informational purposes only. Please seek advice from a qualified lawyer regarding your specific circumstances.
