Damage Property Domestic Violence Related
Legal Overview
of Destroying or Damaging Property Offences
In New South Wales, intentionally or recklessly damaging someone else's property is a criminal offence under Section 195 of the Crimes Act. Penalties vary based on the severity of the damage, such as up to 12 years imprisonment for damage caused by fire or explosives.
The prosecution must prove the property was damaged intentionally or recklessly, belonged to another person, and that no valid defences apply. Possible defences include duress, self-defence, or necessity. Legal options range from pleading guilty or not guilty, with potential sentences including fines, imprisonment, or conditional release. Seeking expert legal advice is essential for the best possible outcome.
According to Section 195 of the Crimes Act, intentionally or recklessly destroying or damaging another person’s property is a criminal offense. The penalties depend on the severity of the case:
- Intentional or reckless damage to property: Maximum penalty of 5 years imprisonment.
- Damage caused by fire or explosives: Maximum penalty of 10 years imprisonment.
- Damage caused in collaboration with others: Maximum penalty of 6 years imprisonment.
- Damage by fire or explosives in collaboration with others: Maximum penalty of 11 years imprisonment.
- Damage committed during a public disturbance (e.g., riots, violent protests): Maximum penalty of 7 years imprisonment.
- Damage by fire or explosives during a public disturbance: Maximum penalty of 12 years imprisonment.
Elements the Prosecution Must Prove
For a conviction, the prosecution must establish the following elements:
- You damaged or destroyed property.
- The property belonged to another person.
- You intentionally damaged the property or acted recklessly.
Possible Defences
Possible legal defenses include:
- Duress or coercion (being forced to commit the act under threat)
- Self-defence
- Necessity (acting to prevent serious harm or danger)
Potential Penalties
Depending on the severity of the case, intentionally or recklessly damaging property can lead to various penalties. The maximum penalty for this offence is 12 years imprisonment.
If you intend to plead guilty, consulting a professional criminal defence team is essential to receive the best possible advice. We will work diligently to have your case heard in a lower court, which can result in a more lenient sentence.
Possible sentencing outcomes include:
- Dismissal of charges and conditional discharge (SECT 10)
- Conditional release orders (SECT 9)
- Community correction orders (SECT 8)
- Intensive correction orders (SECT 7)
- Custody (imprisonment)
- Fines and penalties
Legal Process
& Options
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Pleading
Not Guilty
If you are facing criminal charges, you should consult our team immediately to discuss whether to plead guilty or not guilty. Once we review the evidence provided by the police, we can assess the case and build a strong defence strategy.
Pleading
Guilty
If the evidence against you is strong and a conviction is likely, pleading guilty early may be beneficial. However, it is crucial to fully understand the consequences before making this decision.
If you are charged with domestic violence, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
Here is some general information about various domestic violence charges and how our criminal defense team can help you:
If you are charged with domestic violence, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
Definition : Economic control is the manipulation and restriction of a victim's economic resources to control their behavior and freedom.
Expression :
- Prohibiting the victim from working or limiting their job options
- Control over the victim’s income, bank accounts, and financial decisions
- Denying living expenses or depriving victims of basic necessities
Impact : Financial control can cause victims to lose their financial independence, increase their dependence on the abuser, and make it difficult to escape the violent relationship.
Definition : Emotional or psychological abuse is the violation and control of the victim's psychological well-being through words, behavior or other means.
Expression :
- Persistently demeaning, insulting, or humiliating the victim
- Threatening, intimidating or manipulating the victim
- Isolate the victim and limit contact with family and friends
- Threatening victims with children or pets
Impact : Emotional abuse can seriously affect the victim's self-esteem and confidence, and may lead to psychological problems such as anxiety and depression.
Domestic violence includes physical violence, mental/psychological abuse, sexual violence, economic control and social isolation. These forms of violence control and infringe upon the victim through physical harm, verbal insults, forced sexual behavior, economic manipulation and social restriction, causing serious physical and mental health problems and long-term psychological trauma, and causing the victim to lose self-esteem, freedom and external support.
The following are the specific types:
1. Criminal penalties
- Physical violence : Under the Criminal Code, engaging in physical violence can result in severe criminal penalties, including imprisonment.
- Harassment and intimidation : Continuous harassment and intimidation may constitute a criminal offense and is punishable by law.
2. Breach of a domestic violence order
- Violating a protection order : If the offender violates a protection order, they may face fines, jail time, or other legal consequences.
1. State and Territory Laws
- Each state and territory has its own laws to deal with family violence cases, for example, the Crimes (Domestic and Personal Violence) Act 2007 in New South Wales and the Family Violence Protection Act 2008 in Victoria.
2. Domestic Violence Orders ( DVOs )
- Protection Orders : Used to prevent further domestic violence, protection orders may include prohibiting the offender from approaching or contacting the victim.
- Temporary Protection Orders : In emergency situations, victims can apply for a Temporary Protection Order to protect their safety immediately .
3. Criminal Code
- Physical Violence : Using physical violence can result in severe criminal penalties, including imprisonment.
- Harassment and intimidation : Continuous harassment and intimidation may also constitute a criminal offense and be punishable by law.
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