When Relationship Disputes Turn into Criminal Matters
Arguments between couples can escalate quickly, especially when suspicion and trust issues arise. In one recent case, a public disagreement turned into a criminal investigation. A man, suspecting his partner of communicating with another person, forcefully grabbed her phone during an argument on a busy street and smashed it to the ground while shouting accusations. Concerned witnesses alerted the police, and both parties were taken for questioning.
Although the dispute was deeply personal, the destruction of the phone led to a criminal charge. The man was formally charged with the offence of damaging property, a serious allegation under New South Wales law.
What the Law Says About Damaging Property
Under section 195 of the Crimes Act 1900 (NSW), a person who intentionally or recklessly destroys or damages property belonging to another can face:
- Up to 5 years of imprisonment for a standard offence
- Up to 6 years if the offence is committed in company with another person
The key factor here is ownership and the right to use the property. Although the accused had purchased the phone as a gift for his partner, the law considers the person using the property as the legal possessor. This means that by damaging the phone, he was legally seen as damaging someone else’s property.
Common Misunderstandings About Property Rights
The man insisted that the phone belonged to him because he had originally paid for it. However, in criminal law, ownership is often defined by use and possession rather than the source of purchase. Once the phone was gifted and regularly used by his partner, it became her property in the eyes of the law. Damaging it amounted to damaging another person’s belongings, regardless of who paid for it.
How Brightstone Defence Helped
Faced with a potential criminal conviction and a maximum sentence of five years, the client turned to Brightstone Defence for legal representation. Our experienced criminal law team promptly reviewed the evidence and identified arguments that challenged the severity of the charge. We presented a strong defence based on proportionality, intent, and the circumstances surrounding the incident.
Our strategic approach and detailed legal submissions resulted in the successful withdrawal of the most serious elements of the charge. The client was ultimately not convicted, avoiding a criminal record that could have had long-term effects on his life and career.
Lessons from This Case
This case demonstrates how a seemingly minor incident, like breaking a phone during an argument, can lead to serious legal consequences. It is essential to understand how the law views property rights and interpersonal conflict. Acting in the heat of the moment can result in charges that carry long-term penalties.
If you are involved in a dispute, avoid taking physical action against any personal belongings, even if you believe you are the rightful owner. The law prioritises current possession and lawful use, and damaging property can lead to arrest and prosecution.
Frequently Asked Questions (FAQ)
- What is the offence of damaging property under NSW law?
It is a criminal offence to intentionally or recklessly destroy or damage property belonging to another person, under section 195 of the Crimes Act 1900 (NSW).
- Does it matter if I originally paid for the item?
Yes. In criminal law, possession and use are key. If someone else is using the property, damaging it may still be treated as destroying their property.
- Can I be sent to jail for damaging a phone?
Yes. Even damaging a phone can attract a penalty of up to 5 years' imprisonment, depending on the circumstances and severity.
- What should I do if I have been charged with damaging property?
Seek legal advice immediately. A criminal lawyer can review your case and help you understand your options and possible defences.
Need Help with a Property Damage Charge?
Brightstone Defence has extensive experience defending individuals against damaging property charges and other criminal offences. Our lawyers act quickly to protect your rights and reduce the risk of severe penalties. If you are facing a similar situation, contact us for a confidential consultation. We will assess your case and provide clear, practical legal advice tailored to your circumstances.
Disclaimer: The information above is general and for informational purposes only. Please seek advice from a qualified lawyer regarding your specific circumstances.
