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.
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